Information on whether a person born in Nicaragua to Guatemalan parents and who lived in Nicaragua for seven years is considered a Nicaraguan national [NIC16084.E]

Please find attached a copy of the section on nationality of the constitution of Nicaragua. This section provides information on the right to Nicaraguan nationality for children of foreigners residing in Nicaragua.

In addition to the attached, the information that follows was provided by a consular officer at the Consulate of Nicaragua in Ottawa (21 Dec. 1993).

Nicaraguan nationality is governed by the principles outlined in the constitution and regulated by the Ley de Nacionalidad of 1992. According to these documents, persons born in Nicaragua to parents who are not diplomatic representatives of another country are considered to be Nicaraguans by birth. They have a right to request legal acknowledgement of their Nicaraguan nationality and to obtain a Nicaraguan passport. This right is lost, however, if the person acquires the nationality of a country other than that of a Central American nation or Spain.

The right to Nicaraguan nationality does not disappear with the passage of time. This means that a person born in Nicaragua many years ago, who has not acquired the nationality of a country other than that of Spain or a Central American nation, can request a Nicaraguan passport at any moment. The granting of a Nicaraguan passport, however, is not automatic. The person must provide a birth certificate and the case must be reviewed before an official document can be issued by Nicaragua.

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.

Reference

Consulate of Nicaragua, Ottawa. 21 December 1993. Telephone interview with consular officer.

Attachment

Flanz, Gisbert H. September 1987. "Nicaragua," Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications, pp. 12-13.