In Europe, of the 13,100 applicants in 1998, only 350 (2.7%) were granted refugee status and 820 (6.2%) humanitarian leave, which are the lowest rates in the past nine years. UNHCR says that due to the armed conflict, the presence of the security forces, the presence of militant groups which operate relatively free in certain areas, the overwhelming concern of the authorities with matters of security and Emergency rule over the whole island since August 1998, refugee claims of Sri Lankan asylum-seekers must be examined on merits. When examining such claims, both state and non-state actors of persecution must be considered. Short-term detentions, occasional arrests and harassment may, cumulatively, amount to persecution.
No Sri Lankan asylum-seeker should be barred from having the refugee claim examined on its merits, on the basis of an internal flight alternative. The availability of the flight alternative must be determined in each case, considering the background of the refugee, the reasons for fear of persecution and the restrictions on the freedom of movement in the country, says UNHCR.