Case summaries
UK - House of Lords, 18 October 2006, Fornah v. Secretary of State for the Home Department (linked with Secretary of State for the Home Department v. K) [2006] UKHL 46
Country of applicant:
Sierra Leone
Keywords:
Inhuman or degrading treatment or punishment, Persecution (acts of), Persecution Grounds/Reasons, Refugee Status, Membership of a particular social group, Discrimination, Gender Based Persecution, Female genital mutilation
The case concerned a woman who feared return to Sierra Leone because she would face gender specific persecution in the form of Female Genital Mutilation (FGM). The issue was whether she was entitled to recognition as a refugee because she feared persecution on account of her membership of a particular social group. Her appeal was allowed on the basis that women in Sierra Leone and, alternatively, uninitiated women who had not been subjected to FGM in Sierra Leone, were particular social groups.
Date of decision:
18-10-2006
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 10.1 (d),Art 10,Art 28,Art 34,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
UK - House of Lords, 18 October 2006, Secretary of State for the Home Department v. K (linked with Fornah v. Secretary of State for the Home Department)
Country of applicant:
Iran
Keywords:
Persecution (acts of), Persecution Grounds/Reasons, Membership of a particular social group
The case concerned the issue of whether ‘family’ constitutes a particular social group. The applicant was recognised as a refugee on the basis of her well founded fear of persecution as a member of her husband’s family.
Date of decision:
18-10-2006
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 10.1 (d),Art 10,Art 28,Art 34,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3