Refugee status

AuthorEuropean Asylum Support Office (EU body or agency)
Common analysis | Iraq
January 2021
2. Refugee status
This chapter provides a brief outline and general considerations with regard to the assessment of
applications for international protection in relation to the elements of the refugee definition (Article
2(d) QD). Furthermore, it proceeds with the analysis of information concerning 20 particular profiles
of applicants for international protection in relation to qualification for refugee status. For each
profile, and in some cases the relevant sub-profiles, it provides: COI summary, risk analysis (including
findings whether the treatment the profile risks would amount to persecution and assessment of the
level of risk), and conclusions with regard to the potential nexus to a reason for persecution.
The contents of this chapter include:
Preliminary remarks
2.1 Persons perceived to be associated with ISIL
2.2 Sunni Arabs
2.3 Political oppositio n activists and protesters
2.4 Journalists, media workers and human rights activists
2.5 Deserters from armed forces
2.6 Individuals approached for recruitment by armed groups
2.7 Former Baath party members
2.8 Members of the Iraqi Security Forces (ISF), Popular Mobilisation Units (PMU),
Peshmerga and local police
2.9 Individuals perceived to oppose ISIL
2.10 (Perceived) collaborators of Western armed forces, organisations, or
2.11 Humanitarian workers
2.12 LGBTIQ persons
2.13 Individuals perceived to transgress moral codes
2.14 Individuals considered to have committed blasphemy and/or apostasy
2.15 Religious and ethnic minorities, and stateless persons
COI summary: overview
2.15.1 Turkmen
2.15.2 Yazidi
2.15.3 Christians
2.15.4 Shabak
2.15.5 Kaka’i
2.15.6 Sabean-Mandaeans
2.15.7 Baha’i
2.15.8 Bidoon
Common analysis | Iraq
January 2021
2.15.9 Fayli Kurds
2.15.10 Palestinian
2.16 Women
2.16.1 Violence against women and girls: overview
2.16.2 Forced marriage and child marriage
2.16.3 Female genital mutilation/cutting (FGM/C)
2.16.4 Women working in the public sphere
2.16.5 Women perceived to h ave transgressed moral codes
2.16.6 Women perceived to b e associated with ISIL
2.16.7 Single women and female heads of households
2.17 Children
2.17.1 Violence against children: overview
2.17.2 Child marriage
2.17.3 FGM/C
2.17.4 Child labour and child trafficking
2.17.5 Child recruitment
2.17.6 Education of children and girls in particular
2.17.7 Children born under ISIL who lack civil documentat ion
2.17.8 Children without a care-taker
2.18 Persons living with disabilities and persons with severe medical issues
2.19 Persons involved in and affected by blood feuds in the context of tribal conflict
2.20 Individuals accused of ordinary crimes
Common analysis | Iraq
January 2021
Preliminary remarks
All elements of the definition of a refugee in accordance with the QD should be fulfilled for the
qualification of the applicant as a refugee:
Article 2(d) of the Qualification Directive
‘refugee’ means a third country national who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, political opinion or membership of a particular social
group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to
avail himself or herself of the protection of that country, or a stateless person, who, being outside
of the country of former habitual residence for the same reasons as mentioned above, is unable
or, owing to such fear, unwilling to return to it, and to whom Article 12 [exclusion] does not apply;
According to Article 9(1) QD:
Article 9(1) of the Qualification Directive
Acts of persecution
In order to be regarded as an act of persecution within the meaning of Article 1(A) of the Geneva
Convention, an act must:
a) be sufficiently serious by its nature or repetition as to constitute a severe violation of
basic human rights, in particular the rights from which derogation cannot be made under
Article 15(2) of the European Convention for the Protection o f Human Rights and
Fundamental Freedoms; or
b) be an accumulation of various measures, including violations of human rights which is
sufficiently severe as to affect an individual in a similar manner as mentioned in point (a).
In order for a person to qualify as a refugee, there must be a connection (nexus) between one or
more of the specific reasons for persecution (race, religion, nationality, political opinion or
membership of a particular social group), on the one hand, and the acts of persecution under Article
9(1) QD or the absence of protection against s uch acts (Article 9(3) QD), on the other.
The applicability of the respective reason(s) should be assessed in relation to Article 10 QD.
Common analysis on specific profiles of applicants, based on their personal characteristics or
affiliations with a certain group (e.g. political, ethnic, religious), is provided below.
An individual assessment is required for every application. It should take into account the individual
circumstances of the applicant and the relevant country of origin information. Factors to take into
account in this assessment may include, for example:
home area 18 of the applicant, presence of the potential actor of persecution and their
capacity to target a person of interest;
18 Protection needs are firstly assessed with regard to the applicant’s home area in the country of origin. The ‘home area’ in
the country of origin is identified on the basis of the strength of the applicant’s connections with a particular area in that
country. The home area may be the area of birth or upbringing or a different area where the applicant settled and lived,
therefore having close connections to it.

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