UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

those countries, even only on a temporary basis, according to any appropriate framework
which may facilitate this and allow access to basic protection measures. In relation to
persons from the three Northern Governorates, international protection needs may be
assessed individually, bearing in mind the caution highlighted already concerning the
situation there, which thus may justify the same approach as for asylum-seekers from
Central and Southern Iraq, should the situation deteriorate. Persons assessed to be in need
of international protection should be permitted lawful stay or residence.
The sections which follow below provide an overview of the refugee criteria in the 1951
Convention, as well as factual considerations relevant to the proper assessment of the
international protection needs of Iraqi asylum-seekers, where this is done on an individual
rather than a prima facie basis.
B. Inclusion for Refugee Status Under the 1951 Convention Criteria
Article 1A(2) of the 1951 Convention, provides that the term “refugee” should apply to any
person who
“owing to well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the country of his
nationality and is unable, or owing to such fear, is unwilling to avail himself of the
protection of that country; or who, not having a nationality and being outside the country of
his former habitual residence as a result of such events, is unable or, owing to such fear, is
unwilling to return to it.”
The fact that large parts of Iraq are undergoing armed conflict and individuals flee these
areas, does not mean that the refugee definition in the 1951 Convention is not applicable.
This definition applies in peacetime as well as in times of armed conflict, be it international
or non-international in character. While the 1951 Convention does not explicitly refer to
those who are compelled to leave their country of origin or habitual residence in the context
of armed conflict, such persons are eligible for refugee status if they have a well-founded
fear of persecution for reason of one or more of the Convention grounds. This is
particularly relevant where individuals are fleeing armed conflicts rooted in ethnic,
religious or political differences, where specific groups are victimised. Those fleeing under
such circumstances may be at risk of serious harm due to their religion, (imputed) political
opinion or ethnicity. There is no need for the applicant to have been singled out or
individually targeted, nor is there a requirement that he or she suffers from a risk or impact
which is different than for other persons. It is also irrelevant whether the group affected is
large or small. Whole communities may risk or suffer persecution for Convention reasons.
The fact that all members of the community are equally affected does not in any way
undermine the legitimacy of any particular individual claim.
The 1951 Convention does not require that, for a claim to be successful, it must be based on
events arising prior to or at the time the applicant leaves the country of origin. Grounds for
recognition as a refugee may arise based on events and circumstances occurring after his or
her departure. In such situations, the person may become a refugee while being in the host
country (“sur place”). This means that for Iraqis who had left Iraq prior to the fall of the
former regime, their refugee claims should be examined based on the current situation. This
133