Definition of a Refugee
What does future risk mean?
The well founded fear must be fear of persecution that will happen in the future. It is the objective risk of harm that matters. subjective fear is normal and relevant, but can sometimes be exaggerated or irrational, so important to link it to an objective cause.
How will a fear of persecution based on a persons' behaviour or action differ from a case based on persecution due to an identifiable characteristic such as race?
Their future behaviour if returned, will have an impact on if their fear is well founded or not.
How do decision makers assess credibility?
They look at factors such as consistency and plausibility.
What is the appointed day for NABA 2022 in relation to Asylum and Protection?
28th June 2022
Where can the definition of a Refugee be found?
1. Article 1(a) of the refugee Convention 1951 in coalition with the 1967 Protocol 2. NABA 2022( Nationality and Borders Act 2022) 3. RQR 2006( Refugee or Person in Need of International protection(Qualification) Regulation 2006
What are the 5 grounds?
1. Race 2. Religion 3. Nationality 4. Membership of a particular social group 5. Political Opinion
For the future risk to be met, does there need to be history of persecution?
A history of persecution is not necessary as long as there is a future risk. You find this with 'sur-place claims' Rule 339p of Immigration Rules.
Where can you found evidence regarding future risks?
Country information - highly relevant and determinative in many cases
What is the key case on Future Behaviour? provide a brief summary of the case?
HJ(Iran) [2010] UKSC31. The appellants were 2 gay men. HJ from Iran and HT from Cameroon and the courts had little difficulty concluding that in countries such as Iran and Cameroon gays, or persons believed to be gay are persecuted[ (Lord Hope Para. 35(b)]. The court concluded it was not simply how a person one behave on return that was important, it was also the reason why they would behave this way[lord Rodger para 82]. If they do not modify their behaviour they wound be at risk of persecution and have a well founded fear. Equally if they modified their behaviour to avoid persecution that shows a well founded fear, but if they modified behaviour due to not wanting to embarrass parents or friends that would not be a fear of persecution. However, a person may have many reasons, and would only have to show that one of them is fear of persecution.
Is past persecution relevant on its own?
Past persecution is highly relevant(Rule 339K Immigration rules), but if no future risk not enough on its own.
Where can the law on past persecution be found?
Rule 339K of the Immigration rules.
Where can the law be found on 'sur-place claims'?
Rule 339P of the Immigration rules
Explain who NABA 2022 revoked the RQR 2006?
Section 30(4) NABA 2022 revoked the RQR 2006, and the Nationality and Borders Act 2022(Commencement No.1 Transitional and Saving Provisions) Regulations 2022 qualifies the revocation. Schedule 2 states that this revocation does not applt to claims made before the appointed day( 28th June 2022).
What is a well-founded fear and where can the legislation be found?
Section 32 of NABA 2022 looks at this definition but their is no equivalent in the 2006 act. This section redefines the standard of proof to embrace 2 concepts: 1. Future risk and 2. Credibility This test only applies to applications made after the 28th June 2022. If claim made before that date their is a single, lower standard of proof.
What is the main difference between 2006 regulations and the 2022 Act?
The 2022 introduces a standard of proof, but the definition of a Refugee remains unchanged.
Is there a difference in standard of proof for claims made before 28th June 2022?
Yes. There is a lower standard of proof.
What is the definition of a Refugee?
owing to a well founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion is outside their country of nationality and is unable to, or owing to fear unwilling to avail themselves to the protection of that country.
