The information that follows was provided in a 22 January 1996 fax from the Consular Section of the Embassy of Spain in Ottawa. It adds to the information on Spanish citizenship and nationality provided in Responses to Information Requests ESP19474.E of 27 January 1995, ESP18538.E of 6 October 1994, ESP18243.E of 8 September 1994, ESP15321.E of 26 October 1993, ESP11206 of 29 July 1992, ESP10700 of 27 April 1992, and their respective attachments. Please note that the Consular Section uses the term nationality (nacionialidad) throughout, and not the term citizenship (ciudadanía).

Article 17 of the Spanish Civil Code resulting from the Law of 15 July 1954 stated that those born from a Spanish father are Spanish. Therefore, a person born from a Spanish father in 1956 was born a Spanish national even if born outside Spain.

If the person in question acquired Venezuelan nationality by reason of emigration, and thus lost Spanish nationality, the current legislation entitles him or her to recover Spanish nationality. To recover it, he or she must meet the requirements outlined in article 26 of the Civil Code as defined by Law 29/1995 of 2 November 1995. This law, which went into effect on 4 January 1996, modified the Civil Code's provisions on recovery of nationality. An official translation of the law is not currently available to the DIRB; however, a copy in Spanish can be obtained from the DIRB upon request.

To determine whether a Canadian conviction could affect the right to recover Spanish nationality, the Spanish consular authorities dealing with the matter (if the request for recovering Spanish nationality is taking place outside Spain) would have to know the details of the case. Without this information, the source cannot determine what bearing, if any, such a conviction could have.

This Response was prepared after researching publicly accessible information currently available to the DIRB 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.

Embassy of Spain, Ottawa. 22 January 1996. Fax received from the Consular Section.