EUROPEAN UNION AGENCY FOR ASYLUM
Keep also in mind that the effects of deprivation of nationality do not cease with the act of
deprivation itself. Denationalisation often has consequences that may be sufficiently serious
as to give rise to a future risk of persecution or serious harm ( 111).
Consequences of deprivation of nationality for stateless applicants
An applicant may be rendered stateless by the act of deprivation. The deprivation
in itself could amount to persecution or serious harm when it leads to the statelessness of
the applicant, depending on the circumstances in which it happened. Additionally,
becoming stateless generates great difficulties in accessing the most fundamental civil,
economic, social and political rights. Due to their lack of identity documents, stateless
applicants may be or have been segregated from society, for example, with limited or no
access to education, medical treatment, social welfare or the official labour market. This
brings increased risk of forced employment, gender-based violence and abuses because of
their precarious legal and administrative situation in the country of former habitual
residence. They may also not be able to return to their home. Therefore, the consequences
of depriving a person of a nationality may include the loss of fundamental rights and
possible further discrimination due to the lack of nationality. These consequences may be
sufficiently serious as to amount to persecution or serious harm, depending on the
individual circumstances.
Example of consequences of deprivation of nationality for a stateless applicant
The applicant was deprived of his nationality because of his religious affiliation,
rendering him stateless. As most of the people from the same religion in his country, the
applicant lost his right to reside there, was stripped of his and his family’s belongings and
was expelled by the national authorities from the country of which he had been a national
and where he had always resided. The applicant was forced to find his way to another
country but was not accepted there because the authorities and the population were hostile
to his settlement there and to that of the people of his country in a similar situation. He had
to work in dire conditions; he could barely cater for his basic needs and lived with the
constant fear of being mistreated and expelled again. The deprivation of nationality
combined with the reasons for the deprivation, the acts taken by the authorities in the
aftermath of denationalisation and the concrete consequences for the applicant could be
considered as several acts of persecution, with continuous effects on the applicant.
All relevant general and personal circumstances and COI at your disposal should be taken
into account in the assessment.
Depending on the circumstances of the loss of nationality, you may consider whether and to
what extent the individual has endeavoured to reverse the deprivation of nationality and to
recover the nationality that was withdrawn. If applicable, you would need to examine the
reasons that prevented or would prevent them from doing so.
(111) J. Hathaway and M. Foster, The Law of Refugee Status, Second edition, Cambridge University Press, 2014, pp.
251–252.
70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents