Asylum seeker can become refugee applicant if fear still operative. Citations: Times 07-Mar-1997 Statutes: Convention and Protocol relating to the Status of Refugees 1951 1A(2) Jurisdiction: England and Wales Immigration Updated: 05 November 2022; Ref: scu.79787
The degree of protection from non-state persecution available to an asylum seeker, is a relevant factor in asylum applications. Where that protection was inadequate, for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and … Continue reading Horvath v Secretary of State for the Home Department: CA 2 Dec 1999
The degree of protection from non-state persecution available to an asylum seeker is a relevant factor. Where that protection was inadequate for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and whether the fear … Continue reading Howarth v Secretary of State for the Home Department: CA 8 Dec 1999
The fact that an asylum seeker might not refrain from activities which would attract persecution if he was returned to his country of origin, was not fatal to his application for asylum. There is only one question to be asked: whether, if returned, he would face a serious risk of persecution. The option of internal … Continue reading Ahmed (Iftikhar) v Secretary of State for the Home Department: CA 8 Dec 1999
(Australia) A claim to refugee status was made by a husband and wife who had come from China to Australia. They said that they feared sterilization under the ‘one child policy’ of China if they were returned. Held: There is a general principle that there can only be a ‘particular social group’ within the Convention … Continue reading A v Minister for Immigration and Ethnic Affairs and Another: 1997
Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A ‘social group’ for refugee applicants, had to share common uniting characteristic which set that group apart from rest of that society. … Continue reading Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others: CA 23 Jul 1997
A wife, afraid with cause of being stoned to death for adultery if she returned home, was part of ‘a particular social group’ within the Convention, and was entitled to claim asylum. Commenting on the unique complexity of such cases: ‘Its adjudication is not a conventional lawyer’s exercise of applying a legal litmus test to … Continue reading Regina v Immigration Appeal Tribunal, Secretary of State for Home Department ex parte Shah: Admn 25 Oct 1996
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999
A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998
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