Information on whether a person who was born in Armenia and lived there until 1976, moved to Azerbaijan and lived there until August 1990, moved back to Armenia and lived there until June 1993, and subsequently moved to Canada would be entitled to Azerbaijani citizenship, and if so, what the application procedure would be [AZE17788.E]

According to an official at the consular section of the Embassy of the Republic of Azerbaijan in Washington, DC, a new Azerbaijani law on citizenship is currently before the country's parliament and might possibly be adopted by September or October 1994 (23 June 1994). The official stated that for the time being, the country's citizenship law of 1 January 1991 is still in force (ibid.).

According to information sent to the DIRB in Ottawa by the embassy, under the January 1991 citizenship law, citizenship can be acquired by birth if a child is born within the country and at least one parent is a citizen of Azerbaijan, by descent if a child was born outside the county of a father who is a citizen and the mother does not object, or by registration in the case of a women who marries a citizen and annuls her previous citizenship (1 Nov. 1993). Dual citizenship is not recognized (ibid.).

The official in Washington stated that technically anyone may apply for Azerbaijani citizenship and added that an individual currently living in Canada would be required to do so in person at the embassy in Washington (23 June 1994). The official stated that for the interim, embassy staff forward all citizenship applications to the Ministry of Foreign Affairs which sends them to the country's Commission on Citizenship (ibid.). He stated that final approval of citizenship requests is granted by the office of the president, and that the process can take several months (ibid.).

The official added that since a new law on citizenship is being drafted, the existing stock of citizenship application forms and list of required documentation have become outdated (ibid.). He also added that embassy personnel in Washington have yet to receive updated instructions concerning any new citizenship application procedures (ibid.).

For additional information on the acquisition of Azerbaijani citizenship, please refer to the attached documents.

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.

References

Embassy of the Republic of Azerbaijan, Washington, DC. 23 June 1994. Telephone interview with official.

. 1 November 1993. Fax received by the DIRB.

Attachments

Azerbaijan. 1 January 1991. Law of the Azerbaijan Soviet Socialist Republic on Citizenship of Azerbaijan SSR.

Embassy of the Republic of Azerbaijan, Washington, DC. 1 November 1993. Fax received by the DIRB.

United Nations High Commissioner for Refugees (UNHCR) Regional Bureau for Europe . July 1993. Nationality Laws in the Former USSR Republics. Geneva: UNHCR, pp. 15-20.