Sivakumuran, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Dec 1987

An asylum seeker has to do no more than prove that he has a well-founded fear that there is a ‘real and substantial risk’ or a ‘reasonable degree of likelihood’ of persecution for a Convention reason. A fear may be well-founded for the purpose of the Convention and Protocol even though persecution is unlikely to occur. The objective facts to be considered are not confined to those which induced the applicant’s fear.
Lord Goff of Chieveley spoke of ‘a real and substantial risk of persecution’.


Lord Keith of Kinkel, Lord Bridge of Harwich, Lord Templeman, Lord Griffiths, Lord Goff of Chieveley


[1988] AC 958, [1988] 1 All ER 193, [1987] UKHL 1, [1988] 2 WLR 92, [1988] Imm AR 147




England and Wales


Updated: 27 June 2022; Ref: scu.218982