EUROPEAN UNION AGENCY FOR ASYLUM
Denial of nationality
The denial of nationality is the decision of a national authority not
to grant its nationality to a person who has never been a national
of that country.
Deprivation of
nationality
Any form of involuntary loss of nationality whether automatic or
non-automatic (including lapse, withdrawal, nullification) that is not
initiated by the person or their legal representative. It is also
referred to as ‘denationalisation’, ‘withdrawal’ or ‘revocation’ of
nationality.
Ex lege nationality
A nationality is acquired ex lege when it is acquired by the sole
effect of the law, automatically, without any intervention of the
national authorities. The acquisition of the nationality does not
require any specific legal, judicial or administrative step. Any such
step may be needed not for the acquisition of the nationality
(which is acquired) but for the recognition by the national
authorities of the nationality and for the collection of evidence of it.
Jus sanguinis
Latin for ‘right of blood’. It describes the right of a person to be
granted the nationality of (one of) their parents, based on their
blood ties at birth, regardless of where they were born.
Jus soli
Latin for ‘right of the soil’. It describes the right of anyone born in
the territory of a state to be granted the nationality of that state.
Nationality
Nationality denotes the legal bond between an individual and a
state. A person can have single, dual or multiple nationality(ies).
Nationality is generally synonymous with ‘citizenship’ (even
though, in a few countries, there may be some minor differences
between the two). Nationality, as defined here, is not to be
confused with the much wider concept of nationality as a reason
for persecution (see below).
(in ‘country of
nationality’)
Nationality
(as a ground for
persecution)
Nationality, as a reason for persecution, has a broader sociological
meaning than nationality as understood in ‘country of nationality’.
Under reasons of persecution, the QD (recast) and the QR define
that nationality is:
not [to] be confined to citizenship or lack thereof but shall, in
particular, include membership of a group determined by its
cultural, ethnic, or linguistic identity, common geographical or
political origins or its relationship with the population of
another State ( 14).
Naturalisation
It is the legal act by which a non-national of a country acquires the
nationality of that country. This non-automatic mode of acquiring a
nationality usually requires that the individual applies for it and
fulfils different conditions, depending on national law.
(14) Article 10(1)(c) QR. This is the same wording as that used in Article 10(1)(c) QD (recast).
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