EUROPEAN UNION AGENCY FOR ASYLUM unwillingness to return covers both legal and practical obstacles to return. However, the reason for not being able or willing to return must be related to a fear of persecution ( 95) or a real risk of serious harm. Examples of unwillingness to return 1. The stateless applicant substantiates the fact that they cannot return to their country of former habitual residence because they have been the victim of segregation and mistreatment due to their ethnic origin. In this case, the link between the unwillingness to return and a ground for international protection may be established. 2. The applicant is stateless but cannot return to the country of former habitual residence because the border is closed for sanitary reasons or they do not wish to return because job opportunities in that country do not correspond to their professional expectations. Despite the applicant’s inability to return, those reasons would not be sufficient to fulfil the conditions to be granted international protection. The assessment of the inability or unwillingness to return requires that you assess what would happen to the applicant if they were to return to the country of former habitual residence. In some situations, where a stateless applicant has left their country of former habitual residence without any fear of persecution (or real risk of serious harm), they may nonetheless lose their rights to return and/or reside in that country. They may later claim to fear the treatment given to irregular migrants in that country. Depending on your national law and practice, the situation of such stateless applicants could be considered as relevant under the statelessness determination procedure (see further in Section 2.5.2 Statelessness determination procedure). It could also be that, under your national law and policy, this is considered as a possible ground for international protection or for other forms of national protection. You should familiarise yourself with the rules applicable in your national context. Keep in mind that the principle of non-refoulement should be respected in all cases. 6.4.2. Multiple countries of former habitual residence Importance of adopting an approach that does not create a protection gap It is recommended that national administrations ensure that their practice does not create situations where stateless applicants, while having a well-founded fear of being persecuted or facing a real risk of serious harm, would not be able to access (international) protection (protection gap). The purpose of international protection is to make sure that an applicant who has a well-founded fear of persecution or faces a real risk of serious harm may (continue to) find protection from it. The principle of non-refoulement, direct and indirect, should be respected at all times. (95) UNHCR, Handbook on procedures and criteria for determining refugee status and guidelines on international protection under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, reissued April 2019, HCR/1P/4/ENG/REV. 4, paragraphs 101-102. 62

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