(1)In deciding for the purposes of Article 1(A)(2) of the Refugee Convention whether an asylum seeker’s fear of persecution is well-founded, the following approach is to be taken.
(2)The decision-maker must first determine, on the balance of probabilities—
(a)whether the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion (or has such a characteristic attributed to them by an actor of persecution), and
(b)whether the asylum seeker does in fact fear such persecution in their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence) as a result of that characteristic.
(See also section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (asylum claims etc: behaviour damaging to claimant’s credibility).)
(3)Subsection (4) applies if the decision-maker finds that—
(a)the asylum seeker has a characteristic mentioned in subsection (2)(a) (or has such a characteristic attributed to them), and
(b)the asylum seeker fears persecution as mentioned in subsection (2)(b).
(4)The decision-maker must determine whether there is a reasonable likelihood that, if the asylum seeker were returned to their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence)—
(a)they would be persecuted as a result of the characteristic mentioned in subsection (2)(a), and
(b)they would not be protected as mentioned in section 34.
(5)The determination under subsection (4) must also include a consideration of the matter mentioned in section 35 (internal relocation).
Commencement Information
I1S. 32 in force at 28.6.2022, see s. 87(5)(d)