Refugee status

• Author: European Asylum Support Office (EU body or agency)
• Pages: 59-116

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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

companies

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

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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

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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

Definitions

‘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.