PRACTICAL GUIDE ON NATIONALITY nationality. In that respect, it differs from renunciation, which implies a voluntary action taken by the national. This difference may, however, be considerably less clear in practice. States may deprive a national of their nationality primarily because they wish to cut ties of legal responsibility to a particular citizen (or group of its citizens). By transforming them into a non-national, the affected person may lose many rights, including their right to reside in the country and may become vulnerable to expulsion. In addition to the context of the deprivation of nationality itself, you would need to assess the severity of the consequences of the deprivation on the applicant, to assess possible past persecution or serious harm, and the possible future risks. Deprivation of nationality, even unlawful or arbitrary, does not automatically equate to persecution or serious harm, nor to a well-founded fear upon return. To do so, the deprivation must have a negative impact on the applicant’s basic fundamental rights as a citizen, so as to create a situation of ill-treatment that would amount to persecution or serious harm. Whether the deprivation of nationality amounts to persecution or serious harm is a question of fact and extent, which needs to be assessed in each individual case ( 109). The right of a national to enter their own country is a fundamental right under international law. While a state may be entitled to derogate from their obligations at times of public emergency, it cannot do this on discriminatory basis ( 110). Besides, the right to enter and remain in one’s country, the right to internal freedom of movement and the right to choose where to reside are generally considered as fundamental rights of nationals of a country. Certain restrictions can however be justified, even for nationals, for example to protect national security, public order and public health. Moreover, the enjoyment of certain human rights such as access to education, health care, legal employment, property ownership, political participation, etc. within a country is often dependent on holding the nationality of that state. The loss of nationality may mean the loss of those rights too. Therefore, important indicators to consider in the assessment on whether the deprivation of nationality may amount to persecution or serious harm and on whether the applicant may have a well-founded fear upon return are as follows. • • Whether the applicant had been or will be expelled from or denied the right to return to their country as a result of the deprivation of their nationality. Whether any other rights were or are practically available and accessible to the applicant despite the denationalisation and the conditions under which they have access to them. These rights may include the right to reside in their country, the right to education, healthcare, legal employment, certificates and legal documentation, property ownership, etc. (109) EUAA, Qualification for international protection – Judicial analysis, Second edition, January 2023, p. 57. (110) See Article 4 of the UN General Assembly, International Covenant on Civil and Political Rights, New York, 16 December 1966. 69