How does 8 CFR 1208.13 define the well-founded fear of persecution standard for asylum? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
The standard consists of three elements: (1) a fear of persecution based on a protected ground; (2) a reasonable possibility of persecution upon return; and (3) an inability or unwillingness to return or seek protection in the home country due to that fear.
Numbers & thresholds
| Aspect | Specification |
|---|---|
| Numeric threshold | Not specified in 8 CFR 1208.13 |
Exceptions & edge cases
A well‑founded fear may be presumed from past persecution under § 1208.13(b)(1) unless rebutted by evidence of changed conditions or reasonable internal relocation. The reasonableness of internal relocation is evaluated under § 1208.13(b)(3), which considers the totality of circumstances and presumptions depending on whether the persecutor is governmental or private.
Sources
- [1]U.S. National Archives, Electronic Code of Federal Regulations — 8 CFR 1208.13 · as of 2026-09-23
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