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)
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What was at stake
EDAL summary. 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 he...
What happened
The applicant, a woman from Iran, fled to the United Kingdom after experiencing persecution. Her husband was detained without charge by Iranian authorities, and she was subsequently raped by members of the Revolutionary Guard. Fearing further persecution, especially after threats to her son, she sought asylum in the UK.
What the court decided
The House of Lords held that family could constitute a particular social group for the purposes of refugee status. The applicant was recognized as a refugee due to her well-founded fear of persecution as a member of her husband's family.
How the court got there
The House of Lords determined that the applicant's fear of persecution was due to her membership in her husband's family, which could be considered a particular social group under the Qualification Directive. The Court of Appeal had previously erred by not focusing on the real reason for her persecution. The House of Lords clarified that family ties could indeed constitute a particular social group, allowing her appeal.
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Authoritative link
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