If you are in the UK and do not feel safe in your country of nationality, you may be eligible to claim international protection. Holding more than one nationality will always be a complicating factor in a UK asylum claim.
For a claim to be successful, applicants will need to demonstrate a well-founded fear of persecution on the basis of race, religion, nationality, membership of a particular social group or political opinion, or be at risk of suffering serious harm or violation of human rights if returned to their country of nationality.
Here is where dual nationality comes in. An applicant will need to show that they are unable to avail themselves of protection in their country, or countries, of nationality. The starting point will therefore be whether an applicant fears persecution in all countries where they hold citizenship. If there is another country where they have citizenship and they can reasonably be expected to avail themselves of protection there, a claim in the UK may be rejected.
However, the UNHCR 1951 Refugee Convention states that an applicant may be entitled to protection where there is a ‘valid reason’ based on a well-founded fear of persecution for not seeking the protection of the second state. One example of a ‘valid reason’ might be where the applicant is a dual national and there is a risk of being transferred from the non-persecutory country to the persecutory country.
It is essential that the issue of nationality is dealt with at the same time as applying for protection in the UK, reasons are put forward and evidenced.
If you have any questions, contact us for advice and assistance with your international protection claim.