A foreign national may be granted the refugee status if he/she cannot or would not take advantage of protection in his/her country of origin due to justified fear of persecution in the country of origin on the grounds of race, religion, nationality, political beliefs or membership in a specific social group.
Persecution may entail, in particular:
- the use of physical or psychological violence, incl. sexual violence;
- the use of legal, administrative, police-based or judicial measures in a discriminatory way or of discriminatory nature;
- instigating or conducting penal proceedings or punishing someone in a disproportionate or discriminatory way;
- denial of the right of appeal to a court against a disproportionate or discriminatory penalty;
- instigating or conducting penal proceedings or punishing someone for their refusal to join the military service during a conflict if military service would represent a crime or entail actions against international law;
- deeds against individuals on the grounds of their gender or minor status.