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(a)
has no well-founded fear of being persecuted or is not at real risk of suffering serious harm;
or
(b)
has access to protection against persecution or serious harm as defined in Article 7;
and he or she can safely and legally travel to and gain admittance to that part of the country and can
reasonably be expected to settle there.
2.
In examining whether an applicant has a well-founded fear of being persecuted or is at real
risk of suffering serious harm, or has access to protection against persecution or serious harm in a
part of the country of origin in accordance with paragraph 1, Member States shall at the time of
taking the decision on the application have regard to the general circumstances prevailing in that
part of the country and to the personal circumstances of the applicant in accordance with
Article 4. …’
7
As provided in Article 15 of Directive 2011/95, entitled ‘Serious harm’:
‘Serious harm consists of:
8
(a)
the death penalty or execution; or
(b)
torture or inhuman or degrading treatment or punishment of an applicant in the country of
origin; or
(c)
serious and individual threat to a civilian’s life or person by reason of indiscriminate violence
in situations of international or internal armed conflict.’
Article 18 of that directive, entitled ‘Granting of subsidiary protection status’, states:
‘Member States shall grant subsidiary protection status to a third-country national or a stateless
person eligible for subsidiary protection in accordance with Chapters II and V.’
German law
9
Directive 2011/95 was transposed into German law by the Asylgesetz (Law on Asylum, BGBl.
2008 I p. 1798) in the version in force at the material time (‘the AsylG’).
10
Paragraph 3e of the AsylG, entitled ‘Internal Protection’, lays down the conditions for the existence
of an alternative form of internal protection and provides:
‘(1)
A foreign national shall not be granted refugee status if he or she:
1.
has no well-founded fear of being persecuted or access to protection against persecution in
accordance with Paragraph 3d in a part of the country of origin and
2.
can safely and legally travel to and gain admittance to that part of the country and can
reasonably be expected to settle there.
(2)
In examining whether a part of the country of origin meets the conditions of subparagraph 1,
the general circumstances prevailing in that part of the country and the personal circumstances of
the foreign national shall be taken into account in accordance with Article 4 of Directive
2011/95/EU when deciding on the application. To that end, precise and up-do-date information shall
be obtained from relevant sources, such as the United Nations High Commissioner for Refugees and
the European Asylum Support Office.’
11
Paragraph 4(1) and (3) of the AsylG, transposing Articles 2 and 15 of Directive 2011/95, lays down
the conditions for the granting of subsidiary protection as follows:
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