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Costa Rica: Whether an adult Nicaraguan and his/her child would have been required in 1978 to renounce his/her Nicaraguan nationality upon acquiring Costa Rican nationality, whether he/she would have to provide proof of the renunciation, and if so, the process in which the renunciation would be carried out, and whether the renunciation would be passed on to Nicaraguan authorities

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 May 1998
Citation / Document Symbol CRI29466.E
Cite as Canada: Immigration and Refugee Board of Canada, Costa Rica: Whether an adult Nicaraguan and his/her child would have been required in 1978 to renounce his/her Nicaraguan nationality upon acquiring Costa Rican nationality, whether he/she would have to provide proof of the renunciation, and if so, the process in which the renunciation would be carried out, and whether the renunciation would be passed on to Nicaraguan authorities, 1 May 1998, CRI29466.E, available at: http://www.refworld.org/docid/3ae6ab8078.html [accessed 22 September 2017]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

The following information clarifies whether renunciation would have been required by a Nicaraguan in 1978 upon acquiring Costa Rican nationality. It was provided in a 18 May 1998 letter sent to the Research Directorate by the director of the Options and Naturalisations section of the Civil Registry office at the Supreme Electoral Tribunal in San José, Costa Rica. Please note that the following information also reflects the situation in 1978.

The naturalization law (ley de Naturalizaciones), number 1155 of 29 April 1950, and its reforms stipulate that anyone requesting Costa Rican nationality must renounce his/her former nationality. Given that this law has been in effect since 1950, the requirement to renounce one's nationality of origin would have been in effect in 1978. However, minors were not required to renounce.

The renunciation stipulated in the naturalization law is a formality in an administrative procedure (trámite administrativo). In no way are individuals who apply for Costa Rican nationality required to provide proof of their renunciation of nationality to their country of origin. Individuals must express in writing their intent to renounce their former nationality. The written intention of renunciation is part of the administrative file (expediente administrativo) which is required by the naturalization law; this written expression of renunciation is not required by the authorities in the country of origin. However, Costa Rica makes available lists of foreigners who have acquired Costa Rican nationality to interested embassies located in San José unless an embassy has asked not to receive these lists. The director did not indicate whether the Nicaraguan Embassy in San José received these lists in 1978.

Nicaraguans have always had to express their renunciation of Nicaraguan nationality to Costa Rican authorities. The only treaty in force which allows dual nationality in Costa Rica is the one that was signed with Spain on 4 December 1964.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Sección Opciones y Naturalizaciones, Registro Civil, Tribunal Supremo de Elecciones, San José. 18 May 1998. Letter sent to the Research Directorate by fax by the director.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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