The applicant sought asylum, claiming to be a target of an Albanian blood feud. He appealed a finding that his claim was not for a Convention reason, and did not amount to a claim of a well-founded fear of persecution for reason of his membership of a particular social group.
Held: The question was whether he was a member of a particular social group. A social group for these purposes required a common characteristic by reason of which its members, cannot readily accept change; a recognised shared defining characteristic of the group which might set it apart which is other than a shared fear of persecution. The family was not so recognised as a social group, and the claim failed: ‘a family group could be a particular social group, since society recognises the family bond as distinct and attaches importance to it, but only if society also sets it apart in such a way as to stigmatise or discriminate against it for that reason.’
Judges:
The Hon Mrs Justice Arden Dbe
Citations:
[2002] EWCA Civ 567, [2002] 4 All ER 555
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Fornah v Secretary of State for the Home Department CA 9-Jun-2005
The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will.
Held: Female sexual mutilation ‘is an evil practice internationally condemned and in . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 19 November 2022; Ref: scu.171226
