Sentences with phrase «founded fear of persecution»

Convention refugees are people who have a well - founded fear of persecution (harassment / oppression / discrimination) in their country of residence for reasons of:

The RPD determines whether or not a refugee claimant has established a well - founded fear of persecution for a convention grounds (race, religion, particular social group, nationality, or political opinion) or a risk of cruel and inhuman treatment.

In the two - track approach to the European human rights project, where the Luxembourg Court is also proactive in providing guidance, the Strasbourg Court in 2013 in M.E v Sweden is being asked by the interveners [42] to apply the guidance of the UK Supreme Court, [43] and the UK Upper Tribunal, [44] in engaging with the risk group (those who are open), and how they are identified («not being straight enough, including straight individuals, due to non-compliance with a heteronormative stereotype in the eyes of the potential persecutor»), independent of whether an individual is «voluntarily discrete», where such discretion is due to a well - founded fear of persecution.

[32] Article 4 (4): «The fact that an applicant has already been subject to persecution or serious harm or to direct threats of such persecution or such harm, is a serious indication of the applicant's well - founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.»

Those people must then show persecution or a well - founded fear of persecution because of membership in one of those groups.

Refugees flee their country of origin because of war, persecution, or a well - founded fear of persecution based on their race, ethnicity, religion, nationality, membership in a particular social group, or political opinion.

Although Caroline's real life situation met the legal grounds for an asylum claim and she had a «well - founded fear of persecution», the current system made it more advantageous for her to fabricate a tale of sexual violence.

Refugees are people who, according to the strict Geneva Convention definition, have been forced to leave their home countries out of a well - founded fear of persecution on grounds such as their race or religion.

Although Caroline did indeed have a «well - founded fear of persecution'thanks to her father's affiliation with an opposition party, she felt the need to augment her story with narratives of brutal rapes and torture.

«In deciding whether anyone has a well founded fear of persecution or is in danger of losing life or liberty because of a political opinion,» he wrote, «one must continue to look at the person from the perspective of the persecutor.

International law defines a refugee as one who must flee his or her country because of a well - founded fear of persecution, and who because of that fear is unable or unwilling to return.

It is difficult for a minor to articulate a well - founded fear of persecution.»

A refugee is someone who has fled their home country and can not return because of a well - founded fear of persecution based on religion, race, nationality, political opinion or membership in a particular social group.

Convention refugees are defined in s 96 of the IRPA as persons who are outside their home country or the country where they normally live, and who are unwilling to return because of a well - found fear of persecution based on: race; religion; political opinion; nationality; or membership in a particular social group, such as women or people of a particular sexual orientation.

Not exact matches

’27 For that reason, the RPF government has been arguing that those who fled Rwanda between 1994 and 1998, regardless of their well - founded and reasonable fear to repatriate, «have a dark, ugly past to hide and are running away from prosecution» but not persecution.28 Whereas it can not be denied that some genocide perpetrators remain at large, it can strongly be argued that a list of Hutu refugees who were suspected of having committed genocide crimes was established and thus handed out by the RPF government to the International Criminal Tribunal for Rwanda (ICTR).

The manual explores each of the legal elements of an asylum claim, beginning with the definition of persecution and the requirements to demonstrate a «well - founded fear» of persecution.

The general rule is that, in any subsequent appeal relating to the same country, the FTT is obliged to take account of an applicable Country Guidance case in deciding whether an appellant's fear of persecution in that country is well - founded.

The Hogan Lovells team filed the man's Application for Asylum with the US Citizenship and Immigration Services asserting prior persecution based on sexual orientation while living in Nigeria, as well as a well - founded fear of future persecution based on sexual orientation if he returned to Nigeria.