Section 32: Article 1(A)(2): well-founded fear

Nationality and Borders Act 2022 · 2022 c. 36View on legislation.gov.uk

Part 2: Asylum

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.

Subsection (4) applies if the decision-maker finds that—

the asylum seeker has a characteristic mentioned in subsection (2)(a) (or has such a characteristic attributed to them), and
the asylum seeker fears persecution as mentioned in subsection (2)(b).

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)—

they would be persecuted as a result of the characteristic mentioned in subsection (2)(a), and
they would not be protected as mentioned in section 34.

The determination under subsection (4) must also include a consideration of the matter mentioned in section 35 (internal relocation).

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