5.3.1. Absence of persecution or serious harm

COMMON ANALYSIS
Last update: June 2022
*Minor updates: August 2023

When examining the element ‘absence of persecution or serious harm’, the decision-maker should refer to chapters 2 to 5 of this document.

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

• General security situation in relation to indiscriminate violence

The general security situation in the particular part of the country that is being examined as an alternative for internal protection in the individual case should be assessed in accordance with the analysis under the section on Article 15(c) QD.

In relation to Elisho: there is, in general, no real risk for a civilian to be personally affected within the meaning of 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 (e.g. journalists), there is a presumption that IPA would not be available (Recital 27 QD).

The presence and/or control of Blestil is highly diversified within Belgravia. When assessing the availability of IPA in case of persecution or serious harm by Blestil, particular consideration should be given to the individual circumstances of the applicant, the way the applicant is perceived by Blestil, their capacity to track and target individuals in other areas or states, etc. In case of persecution by Blestil, the criterion of safety could be satisfied in Elisho, given the limited presence of the armed group in the city.

Where the applicant faces persecution or serious harm for reasons related to the prevalent social norms in Belgravia and the actor of persecution or serious harm is the Belgravian society at large (e.g. LGBTIQ persons), IPA would in general not be considered safe.

For certain particularly vulnerable individuals, such as some women, if the actor of persecution or serious harm is the (extended) family or clan, taking into account the lack of state protection and their vulnerability to potential other forms of persecution or serious harm, IPA would in general not meet the requirement of safety.

See also 2. 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, increasing the likelihood that the actor of persecution or serious harm would attempt to trace the applicant in the potential IPA location.

• Behaviour of the applicant

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 and gender identity, in order to avoid the risk of persecution or serious harm.

• Other risk-enhancing circumstances

The information under the section 3. Refugee status should be used to assist in this assessment.