If the persecution is caused by a non-government actor, what must an applicant show?

In situations where the persecution is perpetrated by a non-government actor, the applicant must demonstrate that the government in their country is unable or unwilling to control the entity causing harm. This is critical to establishing a valid claim for asylum because the concept of persecution under asylum law typically requires that the government not only fails to protect individuals from harm but is also part of the problem.

When an applicant is able to show that a government cannot manage or does not choose to intervene against acts of persecution by private individuals or groups, it underscores a failure of state protection, which is fundamental to the asylum claim. If a government is aware of the situation and can intervene but chooses not to, this also suggests complicity, which is an essential factor in determining the legitimacy of fear of persecution.

In contrast, if the government can control the entity, or if the persecution has government endorsement or support, then the situation may be viewed differently, frequently undermining an applicant’s basis for seeking asylum on the grounds of persecution. The focus on the government's inability or unwillingness to act is a key aspect of evaluating asylum claims related to non-state actors.