PRACTICAL GUIDE ON NATIONALITY
Practical example. Based on reliable COI, you know that women in country A cannot pass
their nationality on to their children. When the applicant states that they are from country A
because their mother has country A’s nationality this needs to be further explored as they
may, in fact, be stateless.
It is also important to note that a person that you consider to be stateless may not
necessarily be considered as stateless by other countries or by the country of former
habitual residence (see further on the definition of the country of former habitual residence
in Section 3.3. For stateless applicants: the country of former habitual residence). In
particular, when researching the treatment of stateless persons in the legislation of a
country, you should know whether the applicant would fall under the category of stateless
persons or not in that country.
Practical example. You would like to know how the applicant, who you consider to be
stateless according to your national guidelines, would be treated in country B where they
had their former habitual residence. Based on COI, you know that country B does not
consider people of the origin of the applicant as stateless but rather as having the
nationality of country C. The fact that country B considers the applicant a national of country
C does not lead you to assess the need for protection vis-à-vis country C. The country of
reference remains country B.
The fact that country B considers the applicant a national of country C is, however, relevant
to determine how the applicant is treated in country B as a national of country C: the rights
they have there, whether they have access to protection, etc.
53