Internal protection alternative

The assessment should take into account:

• general security situation 

  The general security situation in particular in the cities of Baghdad, Basrah and Sulaymaniyah should be assessed in accordance with the analysis under the section on Article 15(c) QD.

• actor of persecution or serious harm and their reach 

  In case where the person fears persecution or serious harm by State actors, there is a presumption that IPA would not be available (e.g. persons perceived to be associated with ISIL). In specific cases, where the reach of a certain State actor is clearly limited to a particular geographical area (e.g. a PMF, the KRG, the Peshmerga), the criterion of safety may be satisfied with regard to other parts of Iraq.

  With regard to persecution or serious harm by ISIL, it should be noted that the operational capacity of the armed group has decreased, however, it is still active in certain regions.

  In some cases, where the applicant faces persecution or serious harm for reasons related to the prevalent tribal and social norms in Iraq and the actor of persecution or serious harm is Iraqi society at large (e.g. LGBTIQ, certain ethno-religious minorities), IPA would in general not be considered safe.

  For certain particularly vulnerable individuals, such as women and children, if the actor of persecution or serious harm is the (extended) family, tribe or community (e.g. fasliya marriage, FGM), taking into account the reach of these actors and the lack of State protection, IPA would in general not meet the requirement of safety.

  It should be underlined that it cannot be reasonably expected that the applicant abstains from practices fundamental to his or her identity, such as those related to their religion or sexual orientation, in order to avoid the risk of persecution or serious harm.

  See the chapter 1. Actors of persecution or serious harm.

• whether the profile of the applicant is considered a priority target and/or a threat by the actor of persecution or serious harm 

  The profile of the applicant could make him or her a priority target for the State or for insurgent groups, increasing the likelihood that the actor of persecution or serious harm would attempt to trace the applicant in the potential IPA location.

• personal enmity 

  Some private disputes, including those based on honour and blood feuds, could strengthen the determination of the actor of persecution or serious harm to trace the applicant.

• other risk-enhancing circumstances

The information under the section Analysis of particular profiles with regard to qualification for refugee status should be used to assist in this assessment.

Alternatively, the case officer may determine that the requirement of safety is satisfied if the applicant would have access to protection against persecution or serious harm as defined in Article 7 QD in the area where IPA is considered. In the case of persecution by the State, a presumption of non-availability of State protection applies.

The following elements should be examined based on available country of origin information:

• the situation with regard to food security;
• the availability of basic infrastructure and services, such as:
  • shelter and housing;
  • basic healthcare;
  • hygiene, including water and sanitation;
• the availability of basic subsistence that ensures access to food, hygiene and shelter, such as through employment, existing financial means, support by a network or humanitarian aid.

The general situation in the area in consideration should be examined in light of the criteria described above, and not in comparison with standards in Europe or other areas in the country of origin.

Based on the available COI, it is found that the general circumstances prevailing in Baghdad, Sulaymaniyah and Basrah, assessed in relation to the factors above, do not preclude the reasonableness to settle in the cities, however, a careful examination should take place, particularly when assessing the availability of IPA to Basrah. The assessment should take into account the individual circumstances of the applicant.

In addition to the general situation in the area of potential IPA, the assessment whether it is reasonable for the applicant to settle in that part of the country should take into account the individual circumstances of the applicant, such as:

• ethno-religious and linguistic background
• civil documentation
• support network
• family status
• age
• gender
• state of health
• professional and educational background and financial means
• etc.

The individual considerations could relate to certain vulnerabilities of the applicant as well as to available coping mechanisms, which would have an impact when determining to what extent it would be reasonable for the applicant to settle in a particular area. It should be noted that these factors are not absolute, and they would often intersect in the case of the particular applicant, leading to different conclusions on the reasonableness of IPA.

The general conclusions on the reasonableness of IPA for particular profiles of applicants are based on an assessment of the general situation in cities of Baghdad, Basrah and Sulaymaniyah, and the individual circumstances of such applicants.

 
Taking into account the ethno-religious background of the applicant, it could be substantiated that IPA in the cities of Baghdad, Basrah, Sulaymaniyah would be reasonable for single able-bodied men and married couples without children, who have identification documents and have no additional vulnerabilities, including when they do not have a support network. In the case of families with children, internal protection alternative may be reasonable, including without a support network, where the best interests of the child have been duly assessed.

Although the situation related to settling in the three cities entails certain hardships, it can still be concluded that such applicants would be able to ensure their basic subsistence, housing, shelter and hygiene, and access to basic healthcare.

In order to ensure their basic needs, other profiles of applicants would in general need a support network in the area of potential IPA. However, additional individual circumstances may be relevant to take into account when assessing the reasonableness of IPA.

It should be highlighted that these conclusions are without prejudice to the criteria of safety, travel and admittance and that the individual circumstances in the case at hand should be fully examined.