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2. Check if you meet the legal test

The legal test on a (PRRA) application is if you meet the definition of a:

  • , or
  • .

Convention refugee

You might be a Convention refugee if you cannot return to your home country because you're afraid that you'll be persecuted there.

Persecuted means that there's a serious possibility that you could be killed or experience repeated and serious:

  • harm, mistreatment, or abuse
  • harassment or discrimination
  • punishment
  • violations of your most basic human rights

And you must be persecuted in your home country because of your:

  • race
  • religion
  • nationality
  • political opinion
  • membership in a social group, which includes women who have experienced domestic violence and people who are persecuted because of their sexual orientation or gender identity

Person in need of protection

You might be a person in need of protection if you cannot return to your home country because you face at least one of the following risks:

  • torture
  • risk to your life
  • cruel and unusual treatment or punishment

If there's a risk to your life or of cruel and unusual treatment or punishment, you also need to show that the risk is:

  • personal to you, so not everyone in your country is at risk
  • not due to a legal punishment, unless the law violates international standards, and
  • not due to poor medical care, unless you cannot get care because of discrimination or persecution

What else you need to prove

To be either a Convention refugee or a person in need of protection, you must also show that:

  • You do not have state protection, meaning that the government in your country cannot or will not protect you.
  • You do not have an internal flight alternative, meaning a place in your country where you could live safely and it's reasonable for you to go.

If you're afraid of the government, the military, or the police, you should explain that.

Legal help

These definitions are simplified. It's important to get legal advice to understand if you qualify.