If past persecution is established, what is presumed regarding the applicant's fear of future persecution?

When past persecution is established, there is a legal presumption that the applicant has a well-founded fear of future persecution. This is rooted in the principle that if an individual has already suffered persecution based on one of the five protected grounds—race, religion, nationality, political opinion, or membership in a particular social group—there is a significant likelihood that they may face further harm if returned to their country of origin.

This presumption acknowledges the severe risk of retribution or continued targeting that individuals often face after having been previously persecuted. To counter this presumption, the government would need to demonstrate that conditions in the applicant's home country have fundamentally changed such that the applicant no longer has a well-founded fear of persecution.

The other choices do not align with the established legal framework for asylum seekers. For instance, stating that the applicant has no fear of future persecution negates the rights provided under international protection principles. Requiring a new application or suggesting relocation within the country fails to consider the applicant's established vulnerability and the ongoing threats they may face.