Revista Temas de Derecho Constitucional

240 Revista Temas de Derecho Constitucional protection granted’ 25 , although it allowed countries to issue more favourable standards. It also set the criteria for individual Members to assess the facts and circumstances needed to establish the merits of an asylum claim. It set the principle that, whilst it is the duty of the state to assess the claim, it is for the individual applicant to substantiate it. This placed the burden of proof on the claimant. What this means is that it is for an asylum seeker to make their case. Substantiating a claim includes providing all documentation at the claimant’s disposal regarding their age, background, relations, identity, nationality, countries and places of previous residence, and if applicable, previous asylum applications, travel routes, identity and travel documents and the reasons for applying for international protection as well. The assessment of a claim includes taking into account relevant facts. These include information on the country of origin, relevant statements and documentation presented by the claimant, their individual position and personal circumstances, whether the claimant engaged deliberately in activities aimed at creating the necessary conditions for them to need international protection, and whether they could reasonably be expected to avail themselves of the protection of another country by reason of citizenship. In terms of the Directive, it is for the claimant to prove they have been subject or are likely to face persecution. Having been the victim of persecution or serious harm in the past is to be regarded merely as a ‘serious indication’ of the applicant’s well-founded fear of persecution, which is the standard a claimant must meet. The Qualification Regulations are much more limited in scope than the Directive. They define who qualify as actors of persecution or serious harm, who are actors of protection, andwhat qualifies as acts and causes of persecution. The Immigration Rules (‘The Rules’), on the other hand, are a complex and extensive document comprising hundreds of rules spread over 15 Parts of chapters, 32 Appendices, and over more than 1133 pages. They have been criticised, not least judicially, for being subject to change that is frequent and detailed, for being poorly drafted, difficult to detangle and for following a numbering system which is inconsistent 26 . As a response, the Government set up a public Consultation to ‘identify the underlying causes of their complexity, and to identify principles under which they can be redrafted tomake them simpler andmore accessible’. The review does not consider substantive immigration policy however 27 . In a way, it could be argued that the proposed review and eventual re-drafting of the Rules is merely cosmetic. Parts 1 to 10 and 15 contain general provisions regarding leave to enter and remain in the UK, rules for visitors, workers and students. Part 12 deals with the appeals procedure. Part 13 with deportation. Part 14 deals with Stateless Persons. Parts 11, 11A and 11B deal with asylum and temporary protection. The Appendices are as numerous as they 25 Art. 1. Note that Directive 2011/95/EU refers instead to ‘persons genuinely in need of international protection’, further restricting the right to qualify for refuge. 26 As of 31 December 2018. Law Commission. (2019). Consultation Paper No 242 Simplification of the Immigration Rules. Law Commission. Available at https://www.lawcom.gov.uk/project/simplifying-the- immigration-rules/ . Para. 1.4 p 1; Paras 1.3-1.6 p 1 & 2 27 Ibid . at p ii