JOHANSEN v. DENMARK DECISION Please note that the application for Danish nationality lodged by [S.A.] was refused on 3 February 2003. Against this background, the Ministry of Immigration and Integration considers it a fact that [S.A.] was a Tunisian national in the period from [the applicant’s] birth on ... 1990 until 3 July 2012. According to Article 6(1) of the Code de la Nationalité Tunisienne (the Tunisian Nationality Act) of 28 February 1963 as amended, a person acquires Tunisian nationality at birth if the father is a Tunisian national. The Ministry of Immigration and Integration has two versions of this Code, both of which are appended to this letter. It further appears from an email of 12 August 2016 from the Tunisian Embassy in the Hague to the Copenhagen Police that a child acquires Tunisian nationality if the father is Tunisian and that it is irrelevant whether the child has also acquired another nationality. Against this background, the Ministry of Immigration and Integration considers it a fact that [the applicant] acquired Tunisian nationality at birth. The Ministry of Immigration and Integration has tried in vain to contact the relevant Tunisian authorities to request information on [the applicant’s nationality status in Tunisia, including whether [the applicant] has been deprived of or released from his Tunisian nationality. However, the Ministry of Immigration and Integration observes that it follows from Article 33 of the Code de la Nationalité Tunisienne of 28 February 1963 as amended that a person having acquired Tunisian nationality can be deprived of his Tunisian nationality if he is convicted of an offence or crime against the internal and external national security, if he commits acts incompatible with and harmful to the interests of Tunisia on behalf of a foreign state, if he is convicted in Tunisia or abroad of an act that is a criminal offence under Tunisian law and is sentenced to imprisonment for a term of at least five years, or if he is convicted of draft evasion. Under Article 34 of the same Code, a person’s nationality will only lapse if the circumstances referred to in Article 33 occur within a 10-year period after Tunisian nationality has been awarded. The claim for lapse of nationality must be made within five years after the relevant act was committed. As regards release, it appears from Article 39 of the Code de la Nationalité Tunisienne of 28 February 1963 as amended that a Tunisian national can request release from his Tunisian nationality. Such request must be registered with the Tunisian Ministry of Justice. The Ministry of Immigration and Integration does not have any information indicating that [the applicant] has been deprived of or released from his Tunisian nationality. Based on an overall assessment of the information available, the Ministry of Immigration and Integration finds that [the applicant] is a Danish and a Tunisian national and accordingly has dual nationality. ...” 10. The applicant maintained that before the criminal trial against him, he had not known that he also held Tunisian nationality. 11. On 20 October 2017, for the purposes of the court proceedings, the Danish Immigration Service (Udlændingestyrelsen) gathered information concerning the applicant’s personal circumstances and drew up an assessment of whether the prosecution should refrain from submitting a request for 3