PRACTICAL GUIDE ON NATIONALITY
For example, being from a country that is considered to be a safe country of origin ( 25) is one
of the grounds to apply an accelerated examination procedure. In the APD (recast), that
acceleration ground is optional ( 26), while it is compulsory under the APR ( 27).
For applications to which the APR is applicable, it is also compulsory to apply an accelerated
examination procedure to applicants:
of a nationality or, in the case of stateless persons, a former habitual resident of a
third country for which the proportion of decisions by the determining authority
granting international protection is, according to the latest available yearly Union-wide
average Eurostat data, (…) 20 % or lower ( 28).
It is also compulsory to apply the asylum border procedure to applicants who are subject to
it based on that same ground ( 29). In such cases, the appeal procedure is also not
automatically suspensive ( 30). The identification of the country of nationality or former habitual
residence will be a triggering factor to assess whether those procedural consequences may
apply, taking into account the individual circumstances of the applicant. Some factors may
prevent their application. For example, when the applicant is an unaccompanied child, a
border procedure may not be applied to them based on the fact that they are from a safe
country of origin or from a country with a protection rate of 20 % or lower ( 31).
In contrast, depending on national law or policy, the examination of applications of nationals
or stateless persons from a certain country of origin may be prioritised if the application is
likely to be well-founded. This may be the case where a high proportion of applicants from
that country is granted international protection. This prioritisation ground is applicable both
under the APD (recast) ( 32) and the APR ( 33).
Furthermore, the importance of the identification of nationality is stressed in the legal
instruments of the Common European Asylum System, for example, in the following aspects.
•
Under Regulation (EU) 2024/1356 (screening regulation) ( 34), the preliminary
vulnerability check includes the identification of whether a third-country national might
be a stateless person ( 35) and an indication of nationalities or statelessness needs to
be included in the screening form ( 36).
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
Articles 61-63 APR.
Article 31(8)(b) APD (recast).
Article 42(1)(e) APR.
Article 42(1)(j) APR.
Article 45(1) APR.
Article 68(3)(a) APR.
Article 53(1) APR.
Article 31(7)(a) APD (recast).
Article 34(5)(a) APR.
Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the
screening of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU)
2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.5.2024).
(35) Article 12(3) screening regulation.
(36) Article 17(1)(b) screening regulation. See also Articles 8(5)(c) and 9(2)(a) and Article 14(1) screening regulation,
which cover the identification of the applicant as part of the screening process.
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