The court considered a fear of persecution as founding a claim for asylum where a family member attracts the adverse attention of the authorities, whether for non-Convention reasons or reasons unknown, and persecutory treatment is then directed to other family members.
Held: ‘his family may form a particular social group within the meaning of the Convention. If then they are persecuted because of their connection with him, it is as a matter of ordinary language and logic, for reasons of their membership of a family – the group – that they are persecuted. I see nothing anomalous in this. The original evil which gives rise to persecution against an individual is one thing; if it is then transferred so that a family is persecuted, on the face of it that will come within the Convention. The definition of ‘refugee’ in article 1 of the Convention treats membership of a particular social group as being in pari materia with the other ‘Convention reasons’ for persecution: race, religion and so forth.’
Judges:
Laws J
Citations:
[1996] EWHC Admin 42, [1997] Imm AR 43
Links:
Jurisdiction:
England and Wales
Cited by:
Rejected – Quijano v Secretary of State for Home Department CA 18-Dec-1996
The appellant asylum seeker claimed to have been persecuted as a member of his stepfather’s family, and thus of a particular social group, because members of a drug cartel had first persecuted the stepfather after he refused to co-operate with them . .
Affirmed – Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department HL 18-Oct-2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group.
Held: The . .
Cited – RT (Zimbabwe) and Others v Secretary of State for The Home Department SC 25-Jul-2012
The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime.
Held: The Secretary of State’s appeals failed. The HJ . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 10 July 2022; Ref: scu.136590