New policy regarding the security situation for the assessment of applications for international protection from Somalia.
The mission of the CGRS
The mission of the CGRS consists of assessing whether applicants for international protection are in need of protection.
The CGRS assesses this for each applicant individually. This is done on the basis of the refugee and subsidiary protection definitions established by law and international treaties.
When doing so, the CGRS takes into account the situation in Somalia. The CGRS is aware that the situation in this country is serious and problematic. It is clear that many persons need protection. However, this is not necessarily true for everyone. An individual assessment remains necessary.
Granting refugee status
Applicants from Somalia who risk being persecuted, can count on refugee status. For several profiles, the fear of persecution is serious and well-founded.
The importance of shedding light on the actual origin and previous places of residence cannot be overestimated. After all, when assessing the fear of persecution and the risk of suffering serious harm, the CGRS takes into account the applicant's actual residence situation and background. An applicant who makes implausible statements about his previous places of residence and living situation, fails to prove a need for international protection.
Granting subsidiary protection status
In addition to granting refugee status, the CGRS must assess whether to grant subsidiary protection status.
In the past, Somali applicants from southern and central Somalia, with the exception of Mogadishu, were generally granted subsidiary protection status because of the security situation. The CGRS continuously monitors the situation in Somalia. In assessing the need for subsidiary protection, the Commissioner General always takes into account the actual situation in the country.
The available country information shows that no region in Somalia is characterized by an exceptional situation in which the degree of indiscriminate violence is so high that there are substantial reasons to believe that a citizen, merely by his presence, runs an actual risk of being exposed to a serious threat to his life or person as stipulated by Article 48/4, § 2, c) of the Aliens Law. However, this does not exclude applicants from certain regions of Somalia from still being granted subsidiary protection if they can prove a need for it because of their personal circumstances.
The new CGRS policy is in accordance with the EUAA Country Guidance: Somalia.