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Guidance on particular profiles with regard to qualification for refugee status

This section refers to some of the profiles of Afghan applicants, encountered in the caseload of EU Member States. It provides general conclusions on the profiles and guidance regarding additional circumstances to take into account in the individual assessment. Some profiles are further split in sub-profiles, with different conclusions with regard to the risk analysis and/or nexus to a reason for persecution. The corresponding number of the profile and a link to the respective section in the common analysis are always provided for ease of reference.

The conclusions regarding each profile should be viewed without prejudice to the credibility assessment of the applicant’s claims.

  

When reading the table below, the following should be borne in mind:

  • An individual applicant could fall under more than one profile included in this guidance note. The protection needs associated with all such circumstances should be fully examined.

  • The risk analysis paragraphs focus on the level of risk and some of the relevant risk-impacting circumstances. Further guidance with regard to the qualification of the acts as persecution is available within the respective sections of the common analysis.

  • The table below summarises the conclusions with regard to different profiles and sub-profiles and aims at providing a practical tool to case officers. While examples are provided with regard to sub-profiles at differentiated risk and circumstances which may increase or decrease the risk, these examples are non-exhaustive and to be taken into account in light of all circumstances in the individual case.

  • Persons who belonged to a certain profile in the past or family members of an individual falling under a certain profile may have protection needs similarly to those outlined for the respective profile. This is not explicitly mentioned in the table below, however, it should be taken into account in the individual assessment.

  • The potential nexus paragraphs indicate a possible connection to the reasons for persecution according to Article 10 QD. The common analysis sections provide further guidance whether a nexus to a reason for persecution is highly likely or may be substantiated depending on the individual circumstances in the case.

  • For some profiles, the connection may also be between the absence of protection against persecution and one or more of the reasons under Article 10 QD (Article 9(3) QD).

 

2.1 Persons affiliated with the former Afghan government

Last update: November 2021

Risk analysis: Conflicting and limited information concerning the policies and strategy the Taliban intend to pursue renders an assessment of the future risk for individuals under this profile difficult based on current information. However, the individual assessment whether there is a reasonable degree of likelihood for the applicant to face persecution should take into account the increased presence and capacity of the Taliban to target individuals following their takeover of the country.

Based on previous persecution and indications of continuing targeting, individuals seen as priority target of the Taliban, including those in central positions in military, police and investigative units, would be likely to have a well-founded fear of persecution.

Family members of some individuals under this profile could also be at risk of treatment that would amount to persecution.

Potential nexus: (imputed) political opinion.

* Exclusion considerations could be relevant to this profile.

>>>  Read more in the common analysis on 2.1 Persons affiliated with the former Afghan government


2.2 Individuals who have worked for foreign military troops or perceived as supporting them

Last update: November 2021

Risk analysis: There is limited and conflicting information concerning the policies and strategy the Taliban intend to pursue with regard to individuals who have worked with foreign military troops. However, based on information regarding past persecution and indications of continuing targeting by the Taliban, it is found that individuals under this profile would in general have a well-founded fear of persecution.

Potential nexus: (imputed) political opinion.

* Exclusion considerations could be relevant to this profile.

>>>  Read more in the common analysis on 2.2 Individuals who have worked for foreign military troops or perceived as supporting them


2.3 Religious leaders

Last update: November 2021

Risk analysis: Despite limited information concerning the period after the Taliban takeover, taking into account past persecution and the Taliban’s continued determination to establish an Islamic Emirate of Afghanistan in accordance with their interpretation of the Sharia, religious scholars perceived as delegitimising the Taliban ideology are considered likely to have a well-founded fear of persecution.

For other individuals under this profile: Additional risk-impacting circumstances would be needed to substantiate a well-founded fear of persecution.

Potential nexus: (imputed) political opinion and/or religion.

 

>>>  Read more in the common analysis on 2.3 Religious leaders


2.4 Persons fearing forced recruitment by armed groups

Last update: December 2020

Risk analysis: Not all individuals would face the level of risk required to establish a well-founded fear of persecution. Risk-impacting circumstances could include:

  • age (belonging to the age group of young adults)
  • military background
  • area of origin and the presence/influence of armed groups
  • increased intensity of the conflict
  • position of the clan in the conflict
  • poor socio-economic situation of the family
  • etc.

Potential nexus: While the risk of forced recruitment as such may not generally imply a nexus to a reason for persecution, the consequences of refusal, could, depending on individual circumstances, substantiate such a nexus, among other reasons, to (imputed) political opinion.

>>>  Read more in the common analysis on 2.4 Persons fearing forced recruitment by armed groups


 

2.5 Educational personnel

Last update: November 2021

Risk analysis: Not all individuals would face the level of risk required to establish a well-founded fear of persecution. Risk-impacting circumstances could include:

  • gender (i.e. female teachers)
  • origin from areas where ISKP has operational capacity
  • the individual or the institution not following Taliban directives and/or curriculum
  • speaking out against the Taliban
  • etc.

Potential nexus: (imputed) political opinion and in some cases religion.

>>>  Read more in the common analysis on 2.5 Educational personnel

 


2.6 Healthcare professionals and humanitarian workers, including individuals working for national and international NGOs

Last update: November 2021

Risk analysis: Not all individuals under this profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances, could include:

  • gender (i.e. women)
  • nature of activities (national/international NGO with activities related to polio vaccination, demining, etc.)
  • link with the former government or foreign donors
  • speaking out against an armed group
  • origin from areas where ISKP has operational capacity
  • etc.

Potential nexus: (imputed) political opinion.

>>>  Read more in the common analysis on 2.6 Healthcare professionals and humanitarian workers, including individuals working for national and international NGOs

 


2.7 Journalists, media workers and human rights defenders

Last update: November 2021

Risk analysis

Journalists, media workers and human rights defenders seen by the Taliban as critical of them or as not complying with conditions set by the Taliban are likely to have a well-founded fear of persecution.

For other journalists, media workers and human rights defenders, additional risk-impacting circumstances would be needed to substantiate a well-founded fear of persecution.

The situation of female journalists, media workers and human rights defenders should be assessed with particular care.

Potential nexus: (imputed) political opinion and/or religion.

>>>  Read more in the common analysis on 2.7 Journalists, media workers and human rights defenders

 


2.8 Children

The section on children addresses certain child-specific circumstances of increased vulnerability and risks that children in Afghanistan may be exposed to.

2.8.1 Violence against children: overview

Last update: December 2020

Risk analysis: Not all children would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • gender (boys and girls may face different risks)
  • age and appearance (e.g. non-bearded boys could be targeted as bacha bazi)
  • perception of traditional gender roles in the family
  • poor socio-economic situation of the child and the family
  • etc.

Potential nexus: The individual circumstances of the applicant need to be taken into account. For example, in the case of (former) bacha bazi children, persecution may be for reasons of membership of a particular social group.

>>>  Read more in the common analysis on 2.8.1 Violence against children: overview

 

2.8.2 Child marriage

See the section 2.9.2 Harmful traditional marriage practices under the profile 2.9 Women.

>>>  Read more in the common analysis on 2.8.2 Child marriage

 

2.8.3 Child recruitment

Last update: December 2020

Risk analysis: Not all children would face the level of risk required to establish well-founded fear of persecution in the form of child recruitment. Risk-impacting circumstances could include:

  • poor socio-economic situation
  • area of origin or residence
  • etc.

Potential nexus: The individual circumstances of the child need to be taken into account.

See also 2.4 Persons fearing forced recruitment by armed groups and 2.8.1 Violence against children: overview.

>>>  Read more in the common analysis on 2.8.3 Child recruitment

 

2.8.4 Child labour and child trafficking

Last update: December 2020

Risk analysis: Not all children would face the level of risk required to establish well-founded fear of persecution in relation to child labour and/or child trafficking. Risk-impacting circumstances could include:

  • age
  • gender
  • family status
  • poor socio-economic status of the child and his or her family
  • being in an IDP situation
  • drug addiction
  • etc.

Potential nexus: The individual circumstances of the child need to be taken into account to determine whether a nexus to a reason for persecution can be substantiated.

>>>  Read more in the common analysis on 2.8.4 Child labour and child trafficking

 

2.8.5 Education of children and girls in particular

Last update: November 2021

Risk analysis: The general deficiencies in the educational system, and the limited opportunities for education cannot as such be considered persecution, as they are not the result of a third party’s deliberate actions. However, in the case of deliberate restrictions on access to education, in particular for girls, this could amount to persecution. Developments related to the policies and practice of the Taliban concerning the education of girls should be carefully assessed on the basis of up-to-date COI in this regard.

Potential nexus: The individual circumstances of the child should be taken into account. Depending on policies pursued by the Taliban, religion and/or political opinion may be relevant.

>>>  Read more in the common analysis on 2.8.5 Education of children and girls in particular

 

2.8.6 Children without a support network in Afghanistan

Last update: December 2020

Risk analysis: The lack of a support network does not amount to persecution in itself. However, it considerably enhances the risk for such children to be exposed to acts, which, due to their severity, repetitiveness or accumulation could amount to persecution. See, for example, 2.8.4 Child labour and child trafficking.

Potential nexus: The individual circumstances of the child should be taken into account.

>>>  Read more in the common analysis on 2.8.6 Children without a support network in Afghanistan


2.9 Women

The position of women and girls in Afghanistan is characterised by deeply engrained attitudes, strong cultural beliefs and societal structures that reinforce discrimination. Gender-based human rights violations are common. In their first press conference after the takeover, the Taliban announced that ‘women are a key part of society and we are guaranteeing all their rights within the limits of Islam.’  However, it was not clarified or elaborated what the Taliban considered those limits to be. It was also reported that in September 2021 the Taliban shut down the Ministry for Women’s Affairs, reinstating instead the Ministry for Promotion of Virtue and Prevention of Vice. During the Taliban rule in the 1990s, the ministry under this name was reported to impose strict Islamic rules and harsh restrictions on women.

The different forms of violence against women in Afghanistan are often significantly interlinked. Therefore, the following subsections should be read in conjunction.

 

2.9.1 Violence against women and girls: overview

Last update: December 2020

*Minor updates added November 2021

Risk analysis: Not all women and girls would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • seen as having committed acts punishable under the Sharia
  • type of work and work environment (for women working outside home)
  • perception of traditional gender roles in the family
  • poor socio-economic situation
  • family status (the risk of sexual and gender-based violence against women and adolescent girls is higher for those without a male protector, female heads of households, etc.)
  • being in an IDP situation
  • etc.

 

Potential nexus: (imputed) political opinion and/or religion (e.g. when persecution is by Taliban), and/or membership of a particular social group (see examples below).

>>>  Read more in the common analysis on 2.9.1 Violence against women and girls: overview

 

2.9.2 Harmful traditional marriage practices

Last update: December 2020

Risk analysis: Not all women and girls would face the level of risk required to establish well-founded fear of persecution in relation to traditional marriage practices. Risk-impacting circumstances could include:

  • young age (in particular, under 16)
  • area of origin (particularly affecting rural areas)
  • ethnicity (e.g. Pashtun)
  • perception of traditional gender roles in the family
  • poor socio-economic situation of the family
  • local power/influence of the (potential) husband and his family or network
  • etc.

Potential nexus: membership of a particular social group (e.g. in relation to refusal to enter into a forced or child marriage).

>>>  Read more in the common analysis on 2.9.2. Harmful traditional marriage practices

 

2.9.3 Women in public roles

Last update: November 2021

Risk analysis: Limited and conflicting information concerning the policies and strategy the Taliban intend to pursue towards women in public roles renders an assessment of the future risk for individuals under this profile difficult based on current information. The assessment whether there is a reasonable degree of likelihood for the applicant to face persecution should take into account up-to-date information in this regard, as well as the possibility for persecution by other actors, including the family or society in general.

Risk-impacting circumstances could include:

  • being seen as not complying with conditions set by the Taliban
  • visibility of the applicant (e.g. nature of the work)
  • conservative environment
  • perception of traditional gender roles by the family or network
  • etc.

Potential nexus: (imputed) political opinion and/or religion.

>>>  Read more in the common analysis on 2.9.3. Women in public roles

 

2.9.4 Women perceived to have transgressed moral codes

See the profile 2.10 Individuals perceived to have transgressed moral codes.

>>>  Read more in the common analysis on 2.9.4. Women perceived to have transgressed moral codes

 

2.9.5 Women perceived as ‘Westernised’

See the profile 2.11 Individuals perceived as ‘Westernised’.

>>>  Read more in the common analysis on 2.9.5. Women perceived as ‘Westernised’

 

2.9.6 Single women and female heads of households

Last update: December 2020

Risk analysis: Not all women and girls under this sub-profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • personal status
  • area of origin and residence
  • perception of traditional gender roles in the family or community
  • economic situation
  • availability of civil documentation
  • education
  • etc.

Potential nexus: membership of a particular social group (e.g. divorced women).

>>>  Read more in the common analysis on 2.9.6. Single women and female heads of households


2.10 Individuals perceived to have transgressed moral codes

Last update: December 2020

Risk analysis: Not all individuals under this profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • gender (the risk is higher for women)
  • area of origin (particularly affecting rural areas)
  • conservative environment
  • perception of traditional gender roles by the family
  • power/influence of the actors involved
  • etc.

Potential nexus: religion and/or (imputed) political opinion or membership of a particular social group.

>>>  Read more in the common analysis on 2.10. Individuals perceived to have transgressed moral codes


2.11 Individuals perceived as ‘Westernised’

Last update: November 2021

Risk analysis: The situation of individuals perceived as ‘Westernised’ has to be assessed in light of the recent takeover by the Taliban. The individual assessment of whether there is a reasonable degree of likelihood for the applicant to face persecution should further take into account risk-impacting circumstances, such as:

  • gender (the risk is higher for women)
  • behaviours adopted by the applicant
  • area of origin (particularly affecting rural areas)
  • conservative environment
  • perception of traditional gender roles by the family
  • age (it may be difficult for children to (re-)adjust to Afghanistan’s social restrictions)
  • visibility of the applicant
  • etc.

Potential nexus: The individual circumstances of the applicant need to be taken into account. In some cases, persecution may be for reasons of religion and/or (imputed) political opinion or membership of a particular social group.

See also profiles 2.9.3. Women in public roles2.10. Individuals perceived to have transgressed moral codes, and 2.14. Individuals considered to have committed blasphemy and/or apostasy

>>>  Read more in the common analysis on 2.11. Individuals perceived as ‘Westernised’


2.12 LGBTIQ persons

Last update: December 2020

*Minor updates added November 2021

Risk analysis: Well-founded fear of persecution would in general be substantiated.

Potential nexus: membership of a particular social group.

>>>  Read more in the common analysis on 2.12. LGBTIQ persons


2.13 Persons living with disabilities and persons with severe medical issues

Last update: December 2020

*Minor updates added November 2021

Risk analysis: Not all individuals under this profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances, could include:

  • nature and visibility of the mental or physical disability
  • negative perception by the family
  • etc.

Potential nexus: membership of a particular social group, in the case of persons living with noticeable mental or physical disabilities.

>>>  Read more in the common analysis on 2.13. Persons living with disabilities and persons with severe medical issues


2.14 Individuals considered to have committed blasphemy and/or apostasy

Last update: December 2020

*Minor updates added November 2021

Risk analysis: Well-founded fear of persecution would in general be substantiated.

Potential nexus: religion.

>>>  Read more in the common analysis on 2.14. Individuals considered to have committed blasphemy and/or apostasy


2.15.1 Individuals of Hazara ethnicity

Last update: November 2021

Risk analysis: The situation of Hazara has to be assessed in light of the recent takeover by the Taliban, however, information concerning the policies the Taliban intend to pursue towards the minority is currently limited. The risk of targeting by ISKP should also be assessed in light of the group’s operational capacity. Risk-impacting circumstances could be related to other profiles, such as 2.15.2. Shia, including Ismaili2.1. Persons affiliated with the former Afghan government, or 2.6. Healthcare professionals and humanitarian workers, including individuals working for national and international NGOs.

Potential nexus: (imputed) religion (see profile 2.15.2. Shia, including Ismaili), (imputed) political opinion (e.g. links to the former government, perceived support for Iran), and/or race (ethnicity).

 

>>>  Read more in the common analysis on 2.15.1. Individuals of Hazara ethnicity

 


2.15.2 Shia, including Ismaili

Last update: November 2021

Risk analysis: The situation of Shia has to be assessed in light of the recent takeover by the Taliban, however, there is limited information concerning the policies the Taliban intend to pursue towards the minority. The risk of targeting by ISKP should also be examined. Currently, it is assessed that not all individuals under this profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • area of origin (areas where ISKP has operational capacity present higher risk)
  • participation in religious practices
  • political activism
  • etc.

Potential nexus: religion.

>>>  Read more in the common analysis on 2.15.2. Shia, including Ismaili


2.15.3 Hindus and Sikhs

Last update: November 2021

Risk analysis: The situation of Hindus and Sikh has to be assessed in light of the recent takeover by the Taliban, however, there is limited information concerning the policies the Taliban intend to pursue towards these minorities. The risk of targeting by ISKP should also be examined. Currently, it is assessed that not all individuals under these profiles would face the level of risk required to establish well-founded fear of persecution. The individual assessment of whether there is a reasonable degree of likelihood for the applicant to face persecution should take into account risk-impacting circumstances, in particular their area of origin (e.g. areas where ISKP has operational capacity), etc.

Potential nexus: religion.

>>>  Read more in the common analysis on 2.15.3. Hindus and Sikhs


2.15.4 Baha’i

Last update: December 2020

Risk analysis: Well-founded fear of persecution would in general be substantiated.

Potential nexus: religion.

See also 2.14. Individuals considered to have committed blasphemy and/or apostasy

>>>  Read more in the common analysis on 2.15.4 Baha’i


2.16.1 Individuals involved in blood feuds

Last update: December 2020

Risk analysis for men directly involved in a blood feud: Well-founded fear of persecution would in general be substantiated.

Risk analysis for women, children and men who are farther removed from the feud: Not all individuals would face the level of risk required to establish a well-founded fear of persecution. Risk-impacting circumstances could include:

  • intensity of the blood feud
  • origin from areas where the rule of law is weak
  • etc.

Potential nexus: The individual circumstances of the applicant need to be taken into account to determine whether a nexus to a reason for persecution can be substantiated. For example, family members involved in a blood feud may have a well-founded fear of persecution for reasons of membership of a particular social group.

* Exclusion considerations could be relevant to this profile.

>>>  Read more in the common analysis on 2.16.1. Blood feuds


2.16.2 Individuals involved in land disputes

Last update: December 2020

Risk analysis: Not all individuals under this profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • violent nature of the dispute
  • power/influence of the actors involved in the land dispute
  • areas of origin with weak rule of law
  • etc.

Potential nexus: In general, no nexus to a Convention reason. This is without prejudice to individual cases where nexus could be established based on additional circumstances (e.g. ethnicity, land dispute leading to a blood feud, etc.).

* Exclusion considerations could be relevant to this profile.

>>>  Read more in the common analysis on 2.16.2. Land disputes


2.17 Individuals accused of ordinary crimes

Last update: December 2020

*Minor updates added November 2021

Risk analysis: Not all individuals under this profile would face the level of risk required to establish well-founded fear of persecution. Risk-impacting circumstances could include:

  • nature of the crime for which the applicant may be prosecuted
  • envisaged punishment
  • etc.

Potential nexus: In the case of individuals accused of ordinary crimes, there would in general be no nexus to a Convention reason. However, where a well-founded fear of persecution is established in relation to the envisaged punishment under Sharia law, persecution may be for reasons of religion. In individual cases, the prosecution may (also) be motivated by another Convention ground or initiated or conducted on a discriminatory basis related to another Convention ground.

* Exclusion considerations could be relevant to this profile.

>>>  Read more in the common analysis on 2.17. Individuals accused of ordinary crimes

 


2.18 Individuals who were born in Iran or Pakistan and/or who lived there for a long period of time

Last update: December 2020

Risk analysis: In general, the treatment faced by individuals under this profile would not amount to persecution. In exceptional cases, the accumulation of measures could amount to persecution.

Potential nexus: In general, no nexus to a Convention ground. This is without prejudice to individual cases where nexus could be established based on additional circumstances.

>>>  Read more in the common analysis on 2.18. Individuals who were born in Iran or Pakistan and/or who lived there for a long period of time