Internal protection alternative

• Author: European Asylum Support Office (EU body or agency)
• Pages: 162-175

Common analysis | Iraq

January 2021

162

5. Internal protection alternative

This chapter looks into the topic of internal protection alternative (IPA). It analyses the situation in

Iraq in relation to the requirements of Article 8 QD:

Article 8 of the Qualification Directive

Internal protection

1. As part of the assessment of the application for international protection, Member States may

determine that an applicant is not in need of international protection if in a part of the

country of origin, he or she:

(a) has no well-founded fear of being persecuted or is not at real risk of suffering serious

harm; or

(b) has access to protection against persecution or serious harm as defined in Article 7;

and he or she can safely and legally travel to and gain admittance to that part of the country

and can reasonably be expected to settle there.

2. In examining whether an applicant has a well-founded fear of being persecuted or is at real

risk of suffering serious harm, or has access to protection against persecution or serious harm

in a part of the country of origin in accordance with paragraph 1, Member States shall at the

time of taking the decision on the application have regard to the general circumstances

prevailing in that part of the country and to the personal circumstances of the applicant in

accordance with Article 4. To that end, Member States shall ensure that precise and up-to-

date information is obtained from relevant sources, such as the Unit ed Nations High

Commissioner for Refugees and the European Asylum Support Office.

It should be noted that the provision of Article 8 QD is an optional one. Therefore, the relevance of

this chapter to the practice in Member States will depend on the transposition of Article 8 QD

and/or the concept of internal protection alternative (IPA) in national legislation and its

implementation in practice.

In national legislation and practice, IPA may also be referred to as ‘internal flight alternative’,

‘internal relocation’, etc.

The contents of this chapter include:

Preliminary remarks

Part of the country

Safety

Travel and admittance

Reasonableness to settle

Preliminary remarks

IPA should only be examined after it has been established that the a pplicant has a well-founded fear

of persecution or faces a real risk of serious harm and that the authorities or other relevant actors of

protection are unable or unwilling to protect him or her in his or her home area. In such cases, if IPA

applies, it can be determined that the applicant is not in need of international protection.