PRACTICAL GUIDE ON NATIONALITY 3. Country of reference The country of nationality for applicants who have a nationality, and the country of former habitual residence for stateless applicants, is referred to as the ‘country of reference’. This is the country in respect of which the applicant’s need for international protection is to be assessed to determine if they would have a risk of persecution or serious harm in the event of their return. The country of reference is, as a starting point, the country that is mentioned by the applicant as their country of origin or a country that you have identified, based on different indicators as (one of) the applicant’s country(ies) of origin. This is a material fact of the application for international protection and it is the country for which the evidence assessment will be carried out. If it is accepted that the country mentioned by the applicant is indeed their country of origin, it is also the country in respect of which the risk assessment and the further legal analysis of the application will be carried out. To that end, you should identify the country(ies) of which the applicant may likely be a national, based on their individual circumstances and the indicators detailed in this section, and hence determine their nationality(ies) or statelessness. You may face situations where the applicant does not know what their nationality is. They may also incorrectly claim to have a specific nationality, not to have a specific nationality, or to be stateless. Knowing and understanding how nationality may be acquired or lost in the envisaged country(ies) will help you identify such situations and take the relevant steps to make further investigations. If the applicant’s nationality is indeterminate, the examination of their need for international protection may be determined in a similar manner to that of a stateless person. In such cases, the country of former habitual residence of the applicant is used as a country of reference, instead of their country of nationality (see further in Section 4. Special situations in acquiring or losing nationality). To assess the applicant’s nationality (or lack thereof), you should be familiar with the nationality law of the country in question. If this assessment leaves you with doubts as to the applicant’s nationality, your investigation needs to go further. You may follow the steps below. • Consider how the relevant national legislation applies/applied to the applicant's specific circumstances. • Take into account the relevant laws (e.g. constitution, nationality legislation) as well as how they are or were interpreted by the relevant authorities (e.g. ministerial decrees, regulations, orders) or judicial bodies, and consider the state practice of relevant officials in that country. • Take into account the possible evolution in nationality laws: consider which of the current or past laws and practices of that country are relevant for the assessment. 23