This chapter contains some general considerations for the examination of refugee status.
The analysis is conducted in accordance with Article 9 QD and Article 10 QD and the general EUAA guidance on the topic.
There are a few things to remember when reading the sections within this chapter.
The chapter provides analysis and guidance on the situation of profiles of applicants identified as commonly encountered in the caseload of EU Member States. The included profiles represent a non-exhaustive list 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 their risk of persecution.
While the conclusions regarding the profiles could provide general guidance, the protection needs of each applicant should be examined individually. Furthermore, the conclusions may refer to sub-profiles at a differentiated risk and may include factors which could increase or decrease the risk of persecution. These aspects are to be taken into account in light of all circumstances in the individual case.
The individual applicant could fall under more than one profile included in the common analysis and guidance. The protection needs associated with all such circumstances should be fully examined.
In some cases, even if the applicant no longer belongs to a certain profile, they may still be targeted and have a well-founded fear of persecution related to their past belonging to such a profile. In the individual assessment, it may be relevant to take into account the time that has passed and whether the applicant had remained in the country of origin for a long period of time without encountering persecution.
Family members, merely due to their relation to an individual with a certain profile, may be at risk of persecution in such a manner that could constitute the basis for refugee status. This is not always explicitly mentioned within the conclusions regarding the respective profile but should be fully examined in the individual cases of family members fearing persecution due to their connection to an individual falling within the respective profile.
The considerations under each profile should be viewed without prejudice to the credibility assessment of the applicant’s claims. The common analysis and guidance note deal solely with issues of risk analysis and qualification, assuming that the ‘credibility of the profile’ has been established.
While the country guidance document is not intended to inform the credibility assessment, the COI, which has been used as a basis to provide its general assessment and guidance, may be a helpful reference to examine credibility. In this regard, the reader may find it useful to access the COI documents linked from the respective common analysis sections.
Country guidance documents follow a step-by-step approach with regard to the analysis whether the qualification criteria under refugee status are met.
Each profile has a similar outline, including the following features.