UK - Asylum and Immigration Tribunal, 15 March 2007, LQ, Afghanistan [2008] UKAIT 00005
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What was at stake
EDAL summary. For the purposes of assessing whether a child is a member of a particular social group, a person's age is an immutable characteristic.
What the court decided
The Tribunal held that a child's age is an immutable characteristic for the purpose of establishing membership of a particular social group under the 1951 Refugee Convention, and that an applicant may assert refugee status independently of any risk of removal, requiring the adjudicator to assess refugee status at the date of the hearing. Applying this principle, the Tribunal found that the applicant's risk of severe harm arose from his membership in a particular social group defined by his immutable age as a child, thereby qualifying him for refugee status. Consequently, the Tribunal allowed the appeal.
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