a post by Caspar Latham - Legal Associate at Richmond Chambers' blog
In a previous post, we have looked at how the credibility of an asylum claim is assessed here. This post will look at what constitutes persecution for the purposes of the UN Refugee Convention 1951.
In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group.
The UNHCR Handbook notes at paragraph 51 that there is ‘no universally accepted definition of “persecution” and various attempts to formulate such a definition have met with little success’. Persecution has been defined in general terms in R v Immigration Appeal Tribunal, ex p Jonah [1985] Imm AR 7, where Nolan J adopted the two dictionary definitions of the word: ‘to pursue, hunt, drive’ and ‘to pursue with malignancy or injurious action; especially to oppress for holding a heretical opinion or belief’.
This post will examine the legal parameters of persecution.
Continue reading and discover that, unlike some other writers, Caspar Latham links to the original documents of individual cases he references.
Labels:persecution, refugee_status, UNHCR,
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