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Safety in a part of the country of origin

An area is safe for the applicant either because he or she has no well-founded fear of persecution or serious harm there or because in that part of the country he or she has access to protection against persecution or serious harm.

Absence of persecution or serious harm
  • Absence of the initial persecution or serious harm that originated in the home area: the reach of the actor of persecution or serious harm has to be examined in this regard.

       and

  • No potential new forms of persecution or serious harm.

If the state is the actor of persecution or serious harm, normally there would not be a safe area in the country of origin, as generally the state has competence in the whole of its territory.

  
or    
Availability of protection against persecution or serious harm

Protection in the considered area must meet the same mandatory elements as those required for protection against persecution or serious harm in the home area in the country of origin (see subsection ‘Quality of protection’).

If the state is the actor of persecution or serious harm, there is a presumption that effective protection is not available to the applicant, as generally the state has competence throughout its territory.

If the persecution or serious harm inflicted by non-state actors is condoned or tolerated by the state, the influence of the non-state actors in the area considered for an internal protection alternative has to be examined.