GUIDANCE NOTE
Last update: February 2023
This section refers to some of the profiles of Syrian 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 list of profiles addressed in this chapter is non-exhaustive and the fact that a certain profile is included in it or not is without prejudice to the determination of their protection needs. Furthermore, the order of listed profiles does not reflect any assessment of the potential level of risk of persecution for the respective profile.
While the conclusions under this common analysis could provide general guidance, the protection needs of each applicant should be examined individually. The non-exhaustive lists of examples with regard to sub-profiles at a differentiated risk and to circumstances, which would normally increase or decrease the risk, are to be taken into account in light of all circumstances in the individual case.
Read more in the common analysis
4.1.2. Members of anti-government armed groups
GUIDANCE NOTE
Last update: February 2023
Risk analysis: well-founded fear of persecution would in general be substantiated. In case of reconciliation agreement, well-founded fear of persecution would also be substantiated in general, as those are often broken in practice and the reconciled fighters may furthermore face a risk of targeting by other actors.
Potential nexus: (imputed) political opinion.
4.1.3. Political activists, opposition party members and protesters
GUIDANCE NOTE
Last update: February 2023
Risk analysis: well-founded fear of persecution would in general be substantiated.
Potential nexus: (imputed) political opinion.
4.1.4. Civilians originating from areas associated with opposition to the government
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- regional aspects (who is in control in the area, whether it was considered an opposition stronghold, etc.)
- level of perceived support or collaboration with anti-government forces
- familial ties or other connection to suspected members of anti-government armed groups and/or political opposition members
- perceived support for the government
- ethno-religious background (e.g. being Sunni Arab)
- etc.
Potential nexus: (imputed) political opinion.
4.2.1. Draft evaders
GUIDANCE NOTE
Last update: February 2023
Risk analysis: well-founded fear of persecution would in general be substantiated. While certain exemptions from military service are envisaged in law, their application in practice lacks predictability.
Potential nexus: (imputed) political opinion and/or religion (in the case of conscientious objectors).
4.2.2. Military deserters and defectors
GUIDANCE NOTE
Last update: February 2023
Risk analysis: well-founded fear of persecution would in general be substantiated.
Potential nexus: (imputed) political opinion and/or religion (in the case of conscientious objectors).
4.3. Persons with perceived links to ISIL
GUIDANCE NOTE
Last update: February 2023
Risk analysis: for persons with perceived links to ISIL and the family members of such persons, well-founded fear of persecution would in general be substantiated.
In the case of civilians who resided in territories previously controlled by ISIL, 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 the perceived level of support for ISIL.
Potential nexus: (imputed) political opinion.
4.4. Members of and persons perceived to be collaborating with the SDF and YPG
GUIDANCE NOTE
Last update: February 2023
Risk analysis for areas where the SNA operates: well-founded fear of persecution would in general be substantiated.
Risk analysis for Kurdish-controlled areas: 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, such as:
- regional specifics (areas where ISIL continues to operate)
- visibility of the applicant
- position within the community
- nature of activities undertaken by the individual
- public expression of support for SDF/YPG or condemnation of ISIL’s actions
- etc.
Potential nexus: (imputed) political opinion. In the case of persecution by SNA, it may also be for reasons of race/nationality.
4.5. Persons perceived to be opposing the SDF/YPG
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- regional specifics (who is in control of the area of origin of the applicant, if the applicant was located in any of the internally displaced person(s) (IDP) camps, etc.)
- the nature of activities and degree of involvement in activities perceived by SDF/YPG as opposition
- perceived affiliation with ISIL (see separate profile ‘4.3. Persons with perceived links to ISIL’)
- perceived affiliation with Turkish-backed forces (see also ‘4.1.2. Members of anti-government armed groups’)
- being known to the Kurdish authorities (e.g. previous arrest)
- etc.
Potential nexus: (imputed) political opinion.
4.6. Persons fearing forced or child recruitment by Kurdish forces
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- gender
- age
- falling within an exception ground
- ethno-religious background
- being in an IDP situation
- etc.
Potential nexus in the case of forced recruitment: 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.
Potential nexus in the case of child recruitment: 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, in the case of children who refuse to join the Kurdish forces, persecution may be for reasons of (imputed) political opinion.
4.7.1. Government of Syria officials, members of the SAA and pro-government armed groups
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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 the regional specifics (depending on the presence and activity of anti-government armed groups).
With regard to the risk associated with leaving Syria, in addition to considerations related to 2. The implications of leaving Syria, see 4.2.3. Military deserters and defectors.
Potential nexus: (imputed) political opinion.
4.7.2. Civilians perceived to be supporting the government
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
-
regional specifics (depending on the presence and activity of anti-government armed groups)
- level of perceived support or collaboration
- etc.
Potential nexus: (imputed) political opinion.
4.8. Journalists, other media professionals and human rights activists
GUIDANCE NOTE
Last update: February 2023
Risk analysis:
For journalists and human rights activists who are seen as critical by the actor in control of the particular area: well-founded fear of persecution would in general be substantiated.
For other journalists and human rights activists: 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, such as:
- the topic they report or work on
- regional aspects (reach of the actors they report on)
- visibility
- gender
- etc.
Potential nexus: (imputed) political opinion. In the case of persecution by extremist groups such as the HTS, it may also be for reasons of religion.
4.9. Doctors, other medical personnel and civil defence volunteers
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- regional specifics (the risk is higher in areas affected by armed confrontations)
- perceived support for anti-government armed groups
- the nature of activities (e.g. members of the White Helmets would generally be at higher risk)
- gender (especially with regard to targeting by ISIL and HTS)
- etc.
Potential nexus: (imputed) political opinion, in particular when they are targeted by the GoS.
4.10.1. Sunni Arabs
GUIDANCE NOTE
Last update: February 2023
Risk analysis: being a Sunni Arab in itself would normally not lead to the level of risk required to establish well-founded fear of persecution. In most cases where a well-founded fear of persecution is substantiated, it would be related to circumstances falling under other profiles included in this guidance, such as ‘4.1. Persons perceived to be opposing the government’ and ‘4.3. Persons with perceived links to ISIL’.
The individual assessment should also take into account risk-impacting circumstances, such as the regional specifics (e.g. living in areas controlled by extremist groups or in areas considered by the GoS as opposition strongholds).
Potential nexus: (imputed) political opinion. In the case of persecution by extremist groups, it may also be for reasons of religion.
4.10.2. Kurds
GUIDANCE NOTE
Last update: February 2023
Risk analysis:
For Kurds from areas under the control of the SNA: well-founded fear would in general be substantiated.
For other Kurds: 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, such as:
- statelessness
- identity document
- area of origin and/or residency
- etc.
See also the profile 4.4. Members of and persons perceived to be collaborating with the SDF and YPG.
Potential nexus: race, nationality (statelessness) and/or (imputed) political opinion.
4.10.3. Druze
GUIDANCE NOTE
Last update: September 2020
*Minor updates added: February 2023
Risk analysis: 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, such as:
- regional specifics (presence of extremist groups)
- perceived support for anti-government armed groups
- etc.
Potential nexus: race and/or religion and in some cases (imputed) political opinion.
4.10.4. Alawites
GUIDANCE NOTE
Last update: September 2020
*Minor updates added: February 2023
Risk analysis: 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, such as:
- regional specifics (presence of anti-government and extremist groups)
- perceived opposition to the GoS
- etc.
Potential nexus: (imputed) political opinion.
4.10.5. Christians
GUIDANCE NOTE
Last update: September 2020
*Minor updates added: February 2023
Risk analysis: 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, such as:
- regional specifics (e.g. Christians in areas where opposition armed groups or ISIL operate are at higher risk)
-
being critical to the Kurdish curriculum
- etc.
Potential nexus: religion and/or (imputed) political opinion.
4.10.6. Yazidis
GUIDANCE NOTE
Last update: September 2020
*Minor updates added: February 2023
Risk analysis: 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, such as:
- regional specifics (presence and activity of extremist groups)
-
gender
- etc.
Potential nexus: race/nationality and/or religion
4.10.7. Palestinians
GUIDANCE NOTE
Last update: February 2023
Article 12(1)(a) QD: for Palestinians who availed themselves of protection or assistance by UNRWA, refugee status is to be granted ipso facto in accordance with Article 12(1)(a) QD.
For Palestinians who did not avail themselves of protection or assistance by UNRWA:
Risk analysis: 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, such as:
- area of habitual residence
- identity documents
- perceived involvement with a party in the conflict
- etc.
Potential nexus: (imputed) political opinion and/or nationality (statelessness).
4.11. Women and girls
The different forms of violence against women in Syria are often significantly interlinked. Therefore, the following subsections should be read in conjunction.
4.11.2. Violence against women and girls: overview
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- perception of traditional gender roles in the family
- socio-economic situation
- social status
- family status (see also 4.11.5. Single women and female-headed households)
- lack of documentation
- area of origin or residence (e.g. in relation to presence of extremist groups)
- living in an IDP situation
- etc.
Potential nexus: (imputed) political opinion (e.g. in case of perceived link to an anti-government armed group), religion (e.g. when persecution is by extremist groups), and/or membership of a particular social group (see examples below).
Read more in the common analysis
4.11.3. Forced and child marriage
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- young age
- personal status
- area of origin and residence
- ethnicity
- religion
- perception of traditional gender roles in the family
- socio-economic situation of the family
- lack of documentation
- living in an IDP situation
- 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
4.11.4. Women perceived to have violated family honour
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- age
- personal status
- area of origin and residence
- perception of traditional gender roles in the family or community
- situation of the family
- lack of documentation
- etc.
Potential nexus: membership of a particular social group (e.g. women who have previously been subjected to sexual violence).
4.11.5. Single women and female-headed households
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- having a male relative who is able and willing to provide support
- marital status (widows and divorced women are particularly at risk)
- area of origin and residence
- perception of traditional gender roles in the family or community
- economic situation
- lack of documentation
- education
- etc.
Potential nexus: membership of a particular social group (e.g. divorced women, widowed women).
4.12. Children
4.12.1 Violence against children: overview
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- family members perceived to be involved with the opposition or anti-government armed groups (see 4.1. Persons perceived to be opposing the government, 4.3. Persons with perceived links to ISIL)
- socio-economic situation (e.g. residing in IDP camps)
- family status
- area of origin or residence
- lack of documentation
- religion
- etc.
Children without a male relative, who is willing and able to provide support, would particularly be at risk.
Potential nexus: (imputed) political opinion (e.g. in case of perceived link to an anti-government armed group), religion (e.g. when persecution is by extremist groups), and/or membership of a particular social group (see examples below).
4.12.2. Child recruitment
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- socio-economic situation (for example, residing in IDP camps)
- family status
- area of origin or residence
- ethnicity
- etc.
See the subsection ‘Child recruitment’ under 4.6. Persons fearing forced or child recruitment by Kurdish forces.
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, in the case of children who refuse to join armed groups, persecution may be for reasons of (imputed) political opinion.
4.12.3. Child labour
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- age
- gender
- socio-economic situation
- being in an IDP situation
- region of origin or residence
- etc.
Children without a male relative, who is willing and able to provide support, would particularly be at risk.
Potential nexus: the risk of child labour as such may not generally imply a nexus to a reason for persecution. However, 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.
4.12.4. Child marriage
GUIDANCE NOTE
Last update: September 2020
See the subsection 4.11.3. Forced and child marriage under the profile 4.11. Women and girls.
4.12.5. Access to education
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- identification documents
- gender (girls are at a higher risk)
- perception of traditional gender roles in the family
- socio-economic situation
- being in an IDP situation
- area of origin and residence
- etc.
Potential nexus: where well-founded fear of persecution is substantiated, the individual circumstances of the child should be taken into account to determine whether a nexus to a reason for persecution can be substantiated. For example, in the case of denied identity documentation due to origin from an opposition-held territory, (imputed) political opinion may apply.
4.12.6. Lack of documentation
GUIDANCE NOTE
Last update: February 2023
Risk analysis: 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, such as:
- deceased or missing fathers
- being born out of wedlock or as a result of sexual violence
- area of origin and residence
- gender
- socio-economic situation of the child and the family
- IDP situation
- member of a female-headed household
- etc.
Potential nexus: where well-founded fear of persecution can be substantiated, the individual circumstances of the child should be taken into account to determine whether a nexus to a reason for persecution can be substantiated. For example, in the case of children born as a result of sexual violence, persecution may be for reasons of membership of a particular social group.
4.13. LGBTIQ persons
GUIDANCE NOTE
Last update: February 2023
Risk analysis: well-founded fear of persecution would in general be substantiated.
Potential nexus: membership of a particular social group.