The criterion of safety would be satisfied where the following two aspects have been established:

Figure 15. IPA: Assessment of the safety requirement.

5.2.1. Absence of persecution or serious harm

When examining the element ‘absence of persecution or serious harm’, the decision-maker should refer to chapters 1 to 4 of this document. In addition, in particular when assessing whether there are potential new forms of persecution or serious harm, the section The implications of leaving Syria should be taken into account.

When assessing the requirement of safety with regard to the applicability of IPA in individual cases of applicants from Syria, the following elements should be taken into account:

The general security situation in Damascus City should be assessed in accordance with the analysis under the section on Article 15(c) QD. In this regard, it has been concluded that in the governorate of Damascus, there is, in general, no real risk for a civilian to be personally affected within the meaning of Article 15(c) QD.

In case where the person fears persecution or serious harm by State actors, internal protection in Damascus would in general not be considered safe. This would also include State-affiliated actors, such as foreign allies and pro-regime militias.

With regard to persecution or serious harm by SDF, YPG, ISIL, HTS or other anti-GoS armed groups, it should be noted that these groups are active within certain regions and their operational capacity in Damascus City is currently limited. Therefore, the criterion of safety may be considered satisfied in most cases. However, particular consideration should be given to the individual circumstances of the applicant and whether they are perceived by the actor as a priority target.

In some cases, where the applicant faces persecution or serious harm for reasons related to the prevalent social norms in Syria and the actor of persecution or serious harm can be the Syrian society at large (e.g. for 14. LGBTIQ persons and 12. Women), IPA would in general not be safe. It should also 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.^[36]

For certain particularly vulnerable individuals, such as women and children, if the actor of persecution or serious harm is the family or community (e.g. forced marriage, honour crime), taking into account the lack of State protection and their vulnerability to potential new forms of persecution or serious harm, IPA would in general not be safe.

See also 1. Actors of persecution or serious harm.

The profile of the applicant could make him or her a priority target, increasing the likelihood that the actor of persecution or serious harm would attempt to trace them in Damascus City.

The information under the section 2. Refugee status should be used to assist in this assessment.

5.2.2. Availability of protection against persecution or serious harm

Alternatively, it may be determined 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. However, in light of the analysis in the chapter 4. Actors of protection, the possibility to consider the criterion of safety satisfied in relation to availability of protection in Damascus city would be limited to very exceptional cases.

The requirement of safety may be satisfied in Damascus City, depending on the profile and the individual circumstances of the applicant. For those who have a well-founded fear of persecution by the GoS and/or by society at large, IPA in Damascus will generally not meet the criterion of safety.

 

Continue reading the common analysis on:  Preliminary remarks 5.1. Part of the country 5.2. Safety 5.3. Travel and admittance 5.4. Reasonableness to settle 5.4.1. General situation 5.4.2. Individual circumstances 5.4.3. Conclusions on reasonableness