UK - Asylum and Immigration Tribunal, 15 March 2007, LQ, Afghanistan [2008] UKAIT 00005

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 happened

The applicant was a 15-year-old boy from Afghanistan, a Shia Hazara from Ghazni province. After his mother presumably died in conflict, he and his father moved to Iran, where his father later died. The applicant lived with his father's cousin, who mistreated him and eventually asked him to leave. He claimed asylum in the UK, was granted leave to remain, but was initially refused asylum. He appealed, arguing for recognition as a refugee due to his status as a child.

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.

How the court got there

The Tribunal allowed the appeal because it found that the Immigration Judge erred by not assessing the applicant's refugee status at the hearing date. It also determined that age is an immutable characteristic, and thus, the applicant's status as a child at the time of assessment qualified him as a member of a particular social group under the Refugee Convention. This group membership exposed him to severe harm, warranting refugee status.

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