Religious Persecution of Ahmadis in Pakistan - MN and Others (Ahmadis – Country Conditions – Risk) Pakistan CG [2012] UKUT 00389 (IAC)
by Katia Bianchini
Question(s) at stake
Whether members of the Ahmadi sect could be at risk of religion-based persecution in Pakistan, and whether specific appellants would face persecution in Pakistan as a result of their affiliation to the Ahmadi sect.
Outcome of the ruling
The Upper Tribunal Country Guidance case of MN and Others (Ahmadis - Country Conditions - Risk) Pakistan v the Secretary of State for the Home Department [2012] held that Pakistan’s anti-Ahmadi laws are discriminatory laws that violate the fundamental human right to religious expression. Therefore, any person who can show that they engage in behaviour(s) contrary to the anti-Ahmadi laws is a person entitled to international protection. This need for protection applies equally to men and women: there appears to be no reason to believe that women, as a group and compared to men, face particular or additional risks arising out of the aforementioned laws. Furthermore, even if an Ahmadi person has been found to be unlikely to engage in prohibited behaviour, and therefore unlikely to be “at real risk” of persecution “on return to Pakistan, fact-finders may in certain cases” still “need to consider whether that person would be reasonably likely to be targeted by non-state actors” by reason of their prominent social or business status. (p. 10) After consideration of the Country Guidance, four of the five joint appeals were allowed: one was dismissed.
Country:
Official citation
MN and Others (Ahmadis – Country Conditions – Risk) Pakistan CG [2012] UKUT 00389 (IAC)
Topic(s)
Keywords:
Grounds/Reasons of persecution Refugee status Religion or belief Asylum seeker
Tag(s):
Ahmadi Religious minorities Pakistan