Guidance note

The Taliban de facto government, which is currently the sole entity exercising effective control over all parts of Afghanistan, remains the main actor of persecution and serious harm in the country. In addition, several non-State actors continue to be active. Notably, these include the Islamic State Khorasan Province (ISKP) and other armed groups, such as the National Resistance Front (NRF) and the Afghanistan Freedom Front (AFF). Clans, tribes, (locally) powerful individuals, family members, and criminal groups may also be relevant non-State actors of persecution or serious harm in the context of Afghanistan. Finally, in light of the civilian casualties caused by the Pakistani security forces in the context of the ongoing clashes with Afghanistan, Pakistan is also included among the actors of serious harm (see 2. Actors of persecution or serious harm).

In light of the current situation, for Afghan women and girls a well-founded fear of persecution would in general be substantiated. This is without prejudice to granting refugee status to female applicants also on account of additional circumstances which may substantiate further grounds for persecution.

Among the most commonly encountered profiles of applicants for international protection, the following would have a well-founded fear of persecution in general and would highly likely qualify for refugee status:

The following profiles would likely not qualify for refugee status:

In the absence of reported cases of forced recruitment during the reference period, a well-founded fear of persecution would generally not be substantiated for related profiles.

The mere fact of being a Turkmen or an Uzbek would in general not substantiate a well-founded fear of persecution. Should an individual falling under this profile be targeted, it would be related to other circumstances than the mere fact of being a Turkmen or an Uzbek.

For individuals involved in blood feuds the individual circumstances of the applicant need to be taken into account to determine whether or not a nexus to a reason for persecution can be substantiated.

The treatment faced by Afghans who were born in Iran or Pakistan and/or who lived there for a long period of time in general would not amount to persecution. Should an individual falling under this profile be targeted, it would be related to other circumstances than the mere fact of being an Afghan returning from Iran or Pakistan.

If an applicant is not considered eligible for refugee status, the assessment should proceed with the examination of subsidiary protection.

If there is a real risk for the applicant to face death penalty or execution, and no nexus to a reason for persecution can be substantiated, subsidiary protection under Article 15(a) QR may be granted. All de facto judges have been ordered to issue so-called hudud and qisas punishments which include, inter alia, execution. In some cases, executions have been carried out in public. Extrajudicial killings have also been documented in several cases.

The protection needs of Afghan applicants are further compounded by the general lack of protection in the country, since the Taliban de facto government, currently the sole entity exercising effective control over all parts of Afghanistan, is not considered an actor of protection fulfilling the requirements of Article 7 QR. See Actors of protection.