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The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law Jan 2005

The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law

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An individual qualifies as a Convention refugee only if he or she has a "well-founded fear" of being persecuted. While it is generally agreed that the "well-founded fear" requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the "objective element"), linguistic ambiguity has resulted in a divergence of views regarding whether the test also involves assessment of the state of mind of the person seeking recognition of refugee status (the "subjective element").