PRACTICAL GUIDE ON NATIONALITY
The determining authority is bound by the principle of confidentiality, as laid down in
Article 7 APR.
Under no circumstances is contact to be made with authorities of a state regarding which an
individual alleges a well-founded fear of persecution and/or a real risk of serious harm.
If the feared actor of persecution is a non-state actor, or where the applicant’s fear is linked to
the general security situation in the country of origin, it is generally possible for the applicant
to contact their national authorities.
Holders of multiple nationalities who do not fear persecution or serious harm in one of their
countries of origin can be expected to contact the authorities of that country.
In general, if the state is the persecutor, the applicant would in principle not be able to obtain
documents from their national authorities. In certain situations, however, even if the applicant
fears a state actor, depending on the situation in the country of origin and on the type of
document and procedure involved to obtain it, the applicant may still be able to obtain
documents from the national authorities. This may be the case where they can obtain these
documents via a third party, notably family members, without putting themself or others at risk.
Before requesting the applicant to provide documents, ensure that you base your
expectations on reliable and updated COI and that you take into account the applicant’s
individual circumstances.
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The use of forged documents does not necessarily invalidate a nationality
Bear in mind that applicants may use documents that are not authentic. This does not
necessarily mean that they do not hold the claimed nationality and indeed there may be
legitimate explanations for applicants resorting to false documents. Therefore, the applicant
should be given the opportunity to explain the reasons behind their use of forged or false
documents. In such a case, particular attention should also be paid to the applicant's
statements as evidence of their alleged nationality, which should be thoroughly investigated.
Practical example of submitting a forged passport while being a national
The applicant, a national of country A, has never needed a passport in the past. When war
broke out in his country, he fled abroad without having the opportunity to apply for a
passport. When he arrives in the country of asylum, he met people from his country who
told him he will not stand a chance in the asylum procedure if he does not present a
national passport. Therefore, he obtained a forged one on the black market and submitted
it to the asylum authority.
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Some documents have a higher probative value
Among the documents that can be relevant to establish an applicant’s nationality or lack
thereof, one should make a distinction based on their probative value. On the one hand, there
are national passports, specific documents issued as a result of a statelessness determination
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