UTIAC 1. Article 4(1) of the Qualification Directive does not impose a shared duty of cooperation on the Member State to substantiate an applicant’s nationality.
2. Article 4(2) refers to documentation (including documentation regarding nationality(ies)) ‘at the applicant’s disposal’ – which must include documentation which is not in the applicant’s present possession but is within his or her power to obtain.
3. The terms of Article 4(3) are consistent with the position that an applicant who denies he is a national of a country where he could obtain protection can be expected to take reasonable steps to establish that he is not such a national.
[2016] UKUT 453 (IAC)
Bailii
England and Wales
Immigration
Updated: 24 January 2022; Ref: scu.570470
