Recognition of refugee status

Individuals who cannot or do not want to return to their home country because of fear of persecution may apply for asylum.
To apply for the recognition of “refugee status”, it is necessary to submit a grounded application, possibly supported by documents; the application must state the acts of persecution suffered by the individual and the possible retaliation in case of return to the home country.

The term “persecution” is not defined in the Geneva Convention. The 1992 UNCHR Handbook clarifies that “on the basis of article 33 of the Geneva Convention of 1951, it is possible to conclude that any threat to life or freedom makes up an act of persecution”.

ACTS OF PERSECUTION (AS ENVISAGED BY ARTICLE 1A OF THE GENEVA CONVENTION RELATING TO THE STATUS OF REFUGEES)

• Acts that on account of their nature or frequence are serious to such an extent to be considered a serious violation of fundamental human rights, in particular those rights which cannot be derogated from, as provided for by article 15, paragraph 2 of the European Convention on the Protection of Human Rights and Fundamental Freedoms
• When various measures – including the violation of human rights – add up to a considerably serious impact on the individual 

EXAMPLES OF ACTS OF PERSECUTION

• Acts of physical or psychic violence, including sexual violence
• Legal, administrative, police and/or judicial measures that, for their very nature are discriminatory or are carried out in a discriminatory way
• Judicial actions or criminal sanctions that are excessive or discriminatory
• Refusal to have access to legal remedy and ensuing excessive, discriminatory sanction
• Judicial actions or criminal sanctions resulting from the refusal to serve the army in a war, when this would imply the commission of crimes
• Acts specifically aimed against a person because of his/her sex or against minors