---
title: "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."
canonical: https://www.m-i-n-d.ai/minds/asylum/8-cfr-1208-13-define-well-founded-fear-persecution-standard-asylum-answer-under
jurisdiction: "US Federal"
last_verified: 2026-09-23
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# 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.

8 CFR 1208.13(b)(2)(i) defines a well‑founded fear of persecution as having a fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. It also requires a reasonable possibility of suffering such persecution if the applicant returns to that country. Finally, the applicant must be unable or unwilling to return to, or avail themselves of the protection of, that country because of the fear.

## 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 · https://www.ecfr.gov/current/title-8/section-1208.13 · as of 2026-09-23