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Checklists

  General principles
 ‘Outside the country of origin’: personal and territorial scope

 

  Refugee status: well-founded fear of persecution
Assess whether a particular treatment would amount to persecution by considering the following.
 Assess if the applicant has a well-founded fear.
    -   Consider all material facts that have been accepted and establish whether there was past persecution or threats thereof.
    -   If applicable according to national practice, consider if the past persecution has been of such an atrocious character that the harm, although it would not be repeated, is deemed to be continuous.
    -   Analyse whether the threshold of ‘well-founded (fear)’ is met (reasonable degree of likelihood).
 
  Refugee status: reasons for persecution
Examine if the persecution feared by the applicant is related to one of the following (actual or imputed) reasons.

  
 Race
  • colour
  • descent
  • membership of a particular ethnic group
  
 Religion
  • holding of theistic, non-theistic and atheistic beliefs
  • participation in, or abstention from, formal worship in private or in public, either alone or in community with others
  • participation in, or abstention from, other religious acts or expressions of view
  • participation in, or abstention from, forms of personal or communal conduct based on or mandated by any religious belief
  
 Nationality
  • citizenship or lack thereof
  • cultural identity
  • ethnic identity
  • linguistic identity
  • common geographical or political origins
  • relationship with the population of another state 

 
 Membership of a particular social group
  • sharing or being perceived to share a common characteristic and
  • having or being perceived to have a distinct identity
  
 Political opinion                                             
  • holding an opinion, thought or belief on a matter related to the potential actors of persecution and to their policies or methods whether or not that opinion, thought or belief, has been acted upon by the applicant
  
 Confirm that there is nexus between the (actual or imputed) characteristic and the feared persecution.

 

  Subsidiary protection
  • Consider all material facts that have been accepted and establish whether there was past serious harm or threats thereof.
  • If applicable according to national practice, consider whether the past serious harm has been of such an atrocious character that the harm, although it would not be repeated, is deemed to be continuous.
  • Analyse whether the threshold of ‘real risk’ is met (reasonable degree of likelihood).
Assess if there is a real risk of:
  Actors of persecution or serious harm
  Protection in the country of origin
Actors of protection

   
 Consider who could be a potential actor of protection:

  • the state
  • parties or organisations, including international organisations, controlling the state or a substantial part of the territory of the state.

  Establish whether this actor is:

  • able to provide protection which is:

   
 effective;
   
 non-temporary;
   
 accessible;

  • willing to provide such protection to the applicant.
Internal protection alternative