Persecution by non-state actors, including criminal gangs, terrorist organisations, family members, and community groups, can ground an asylum claim where the state is unable or unwilling to provide effective protection. Article 6 of the Qualification Directive defines actors of persecution to include non-state actors in these circumstances.
Persecution experts assess both whether the non-state actor's conduct reaches the severity threshold for persecution and whether the state has genuinely failed to protect. MOJ (Somalia) [2014] and related authority establishes the methodology for assessing state protection in non-state actor cases.
For non-state actor persecution to ground an asylum claim, the persecution must be for a Refugee Convention reason. The expert analyses whether the non-state persecution is connected to political opinion, religion, race, nationality, or PSG, either as the reason for persecution or through state failure to protect for Convention reasons.
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Frequently Asked Questions
Can non-state actors constitute persecutors for asylum purposes?
Yes. Under Article 6 of the Qualification Directive, actors of persecution include non-state actors where the state is unable or unwilling to provide effective protection. Persecution experts assess both whether the non-state actor's conduct reaches the severity threshold for persecution and whether the state has genuinely failed to protect.
What is the Convention reason requirement for non-state actor claims?
For non-state actor persecution to ground an asylum claim, the persecution must be for a Refugee Convention reason, even where the persecutor is non-state. The expert analyses whether the non-state persecution is connected to political opinion, religion, race, nationality, or PSG, either as the reason for persecution or through state failure to protect for Convention reasons.