What is required to establish a well-founded fear of persecution?

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To establish a well-founded fear of persecution, it is essential that the fear is both genuine and has an objective basis. This means that the applicant must genuinely believe they have a fear of persecution based on specific circumstances, and there must also be concrete evidence or facts that support this fear.

A genuine fear indicates that the applicant sincerely perceives a threat, while an objective basis involves a review of the situation, including the conditions in the applicant's home country, to determine whether there is a reasonable likelihood that the fear could materialize. This combination ensures that the asylum system is not only based on personal feelings but is also grounded in a credible assessment of risks that the applicant faces.

In contrast, factors such as solely subjective fear or previous harm alone do not suffice for establishing a well-founded fear. An applicant may have experienced harm in the past, but if they do not have a reasonable fear of future persecution, it would not meet the criteria. Similarly, merely communicating fear to a potential persecutor does not equate to meeting the required standard for asylum; the focus remains on the authenticity and substantiation of the applicant's fear based on the wider context and evidence.

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