IAT In any case of disputed nationality the first question to be considered should be: ‘Is the person de jure a national of the country concerned?’. This question is to be answered by examining whether the person fulfils the nationality law requirements of his or her country. Matters such the text of nationality laws, expert evidence, relevant documentation, the appellant’s own testimony, agreement between the parties, Foreign Office letters, may all legitimately inform the assessment, In deciding the answer to be given, it may be relevant to examine evidence of what the authorities in the appellant’s country of origin have done in respect of his or her nationality.
If it is concluded that the person is de jure a national of the country concerned, then the next question to be considered is purely factual, i.e. ‘Is it reasonably likely that the authorities of the state concerned will accept the person, if returned, as one of its own nationals?’.
This decision replaces MA (Ethiopia – mixed ethnicity – dual nationality) Eritrea [2004] UKIAT 00324 .
Judges:
Storey, Allen SIJJ
Citations:
[2008] UKAIT 00032
Links:
Immigration
Updated: 14 July 2022; Ref: scu.267096
