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Qualification Regulation:
Article 5 – International protection needs arising sur place

1. A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on:

(a) events which have taken place since the applicant left the country of origin; or

(b) activities which the applicant has engaged in since the applicant left the country of origin, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions, beliefs or orientations held in the country of origin.

2. Where the risk of persecution or serious harm is based on circumstances which the applicant has created since leaving the country of origin for the sole or main purpose of creating the necessary conditions for applying for international protection, the determining authority may refuse to grant international protection, provided that any decision taken on the application for international protection respects the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967 (the ‘Geneva Convention’), the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union.


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Correlation Table

Directive 2011/95/EUThis Regulation
Article 5Article 5
Key words: Refugee status, Subsidiary protection status

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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