PART 2Asylum
Interpretation of Refugee Convention
35Article 1(A)(2): internal relocation
1
An asylum seeker is not to be taken to be a refugee for the purposes of Article 1(A)(2) of the Refugee Convention if—
a
they would not have a well-founded fear of being persecuted in a part of their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence), and
b
they can reasonably be expected to travel to and remain in that part of the country.
2
In considering whether an asylum seeker can reasonably be expected to travel to and remain in a part of a country, a decision-maker—
a
must have regard to—
i
the general circumstances prevailing in that part of the country, and
ii
the personal circumstances of the asylum seeker;
b
must disregard any technical obstacles relating to travel to that part of that country.