UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

In regard to availability of an internal flight alternative in the Central and Southern regions,
no such alternative is available for Iraqi asylum-seekers originating from the Northern
Governorates due to the widespread violence, insecurity and human rights violations in
those areas. Whether an internal flight alternative is available within the Northern
Governorates must be examined carefully on a case-by-case basis. The evaluation should
take into account factors such as the background, profile and circumstances of the
individual concerned; the existence of legal and physical barriers to accessing the area of
relocation, which are known to be prevalent; possibilities of new risks of harm in the area
of relocation; and whether undue hardship is likely to be faced by living in the area of
relocation. Furthermore, as explained in these Guidelines, certain categories of individuals
with given profiles are clearly not able to find an internal flight or relocation alternative in
the three Northern Governorates.
Additional Considerations
In cases where Iraqi asylum-seekers find themselves in countries where there is no national
legislative or administrative framework for refugee status determination, concerned
Governments should permit Iraqis from Central and Southern Iraq to enter and/or remain in
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.
2. Refugee Status Under the 1951 Convention relating to the Status of
Refugees
Where refugee status determination is not granted on a prima facie basis, and/or claims for
refugee status are required to be lodged and decided upon on an individual basis under the
1951 Convention, regard should be paid to the following considerations summarized below.
Well-Founded Fear
The refugee definition of the 1951 Convention relating to the Status of Refugees contains
both a subjective and an objective element. The former refers to an individual’s fear of
harm while the latter refers to the well-foundedness of that fear. An applicant’s fear is wellfounded
if there is a reasonable likelihood that the harm feared, or some other form thereof,
will materialize.
Whether or not an applicant’s fear is well-founded needs to be assessed in the context of the
situation in the country of origin, taking into account the personal profile, experiences and
activities of the applicant, and, where relevant, of others. Given the pervasive and extreme
forms of violence and human rights violations in Central and Southern Iraq, the fear of
harm claimed by Iraqi asylum-seekers from these parts of the country should normally be
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