The alleged group of Russian security guards at a hotel who feared victimisation by the mafia, did not exist independently of the persecution and were not protected as a group under the Convention: ‘The Secretary of State submits . . that the concept of membership of a particular social group covers persecution in three types of case: (1) membership of a group defined by some innate or unchangeable characteristic of its members analogous to race, religion, nationality or political opinion, for example, their sex, linguistic background, tribe, family or class; (2) membership of a cohesive, homogeneous group whose members are in a close voluntary association for reasons which are fundamental to their rights, for example, a trade union activist; (3) former membership of a group covered by (2).’
References: [1996] Imm AR 28
Judges: MacCowan LJ
Jurisdiction: England and Wales
This case is cited by:
- Cited – Regina v Immigration Appeal Tribunal and Another ex parte Shah HL 25-Mar-1999
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 . .
(Gazette 28-Apr-99, Times 26-Mar-99, , [1999] UKHL 20, [1999] 2 AC 629, [1999] 2 All ER 545, [1999] Imm AR 283, 6 BHRC 356, [1999] 2 WLR 1015, [1999] INLR 144)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194498 br>