Part 2: Asylum Chapter 8: Removal to safe third country Section 32: Article 1(A)(2): Well-founded Fear
Overview: This section sets out a two-limb test to be used by a relevant decision maker (persons, Courts or tribunals) when deciding whether an individual has a "well-founded fear" of persecution in accordance with Article 1(A)(2) of the Refugee Convention.
	Background: For an individual to be considered a refugee, they must have a "well-founded fear" of being persecuted for a Convention reason. The Refugee Convention does not elaborate on the definition of a "well-founded fear" and so the Courts have developed case law in this area. Under current case law, the standard to which a claim must be assessed is low. The claimant must show that there is a "reasonable degree of likelihood" of persecution due to one, or more, of the reasons outlined in the Refugee Convention. The decision maker will take into account statements made by the claimant together with information about the situation in the country to which the claimant may be removed if the claim fails.
	This provision establishes a clear two-limb test for assessing whether an asylum seeker has a well-founded fear of persecution and will raise the standard of proof which an asylum seeker must satisfy for certain elements of the test.
	Subsection 1 provides that the approach set out by this section is to be taken when deciding whether a person’s fear of persecution is "well-founded".
	Subsection 2 sets out the first limb of a two-limb test. Under the first limb, the decision-maker determines whether the claimant has established that they have a characteristic, as set out in the Refugee Convention, which could cause them to fear persecution in their country of nationality (or the country of their former habitual residence) and whether they do in fact fear such persecution based on that characteristic. This is assessed on the "balance of probabilities" standard.
	Subsections 3 to 5 set out the second limb of the test. Should the first test be met, the decision maker is instructed to consider whether the claimant may be persecuted if returned to their country of nationality (or the country of their former habitual residence) as a result of the reason established under subsection 2. This is assessed on the basis of whether there is a "reasonable likelihood" that they may face such persecution. This assessment must include an assessment of protection from persecution (see section 34) and internal relocation (see section 35).