PRACTICAL GUIDE ON NATIONALITY nationality and therefore maintains room to refuse an application, this ‘potential’ nationality will not be considered when assessing if the applicant can obtain protection in another country. For example, an individual may be able to apply for the nationality of a state by naturalisation through presence on the territory, marriage or ancestry. In such cases, the applicant would often be required to make an application to the national authorities of the country, without there being any guarantee that, upon processing the application, the person would be granted nationality. 6.4. Stateless applicants: return or protection For the assessment of the risk upon return of stateless applicants, Articles 3(5) and 3(6) QR ( 94) make a distinction between stateless applicants who have a fear of persecution and for those for whom a nexus with the reasons for being persecuted is not present but who have substantiated a risk of serious harm. • If the applicant is eligible for refugee status, you need to assess whether they are unable or unwilling, owing to a well-founded fear of persecution, to return to their country of former habitual residence. • If the applicant is eligible only for subsidiary protection, the assessment needs to consider whether they are unable or unwilling, owing to a real risk of serious harm, to avail themself of the protection of their country of former habitual residence. In such a case, the availability of national protection is assessed in the same way as for applicants who hold a nationality. For all stateless applicants, the examination may first focus on whether they are unable or unwilling to return to their country of former habitual residence. The ability to return to the country of former habitual residence is one of the aspects of protection. Therefore, if the applicant may not return to their country of former habitual residence, owing to a real risk of serious harm, they will also not be able to benefit from the protection of actors of protection in that country. A stateless applicant who does not qualify for refugee status nor for subsidiary protection (for example, because their inability or unwillingness to return to their country of former habitual residence is not based on a fear of persecution or a real risk of serious harm) may still be entitled to protection under the Stateless Persons Convention (see Section 2.5.2 Statelessness determination procedure). 6.4.1. Inability or unwillingness to return Stateless applicants are not legally entitled to claim the protection of any state. They cannot rely on the duty of a state to allow them entry and residence, nor on the basic right to be protected against refoulement. When assessing the availability of protection, the initial focus will be on the applicant’s (in)ability or (un)willingness to return to that country. The inability or (94) As well as Article 2(d) and (f) QD (recast). 61