In deciding for the purposes of Article 1(A)(2) of the Refugee Convention whether an asylum seeker’s fear of persecution is well-founded, the following approach is to be taken.
Subsection (4) applies if the decision-maker finds that—
the asylum seeker has a characteristic mentioned in subsection (2)(a) (or has such a characteristic attributed to them), and
the asylum seeker fears persecution as mentioned in subsection (2)(b).
The decision-maker must determine whether there is a reasonable likelihood that, if the asylum seeker were returned to their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence)—
they would be persecuted as a result of the characteristic mentioned in subsection (2)(a), and
they would not be protected as mentioned in section 34.
The determination under subsection (4) must also include a consideration of the matter mentioned in section 35 (internal relocation).