Refugee Status and Women in Afghanistan as Members of a ‘Particular Social Group’
by Iulia Mirzac
Question(s) at stake
1. Whether women in Afghanistan can form a “particular social group” (PSG) under the 1951 Refugee Convention. 2. Whether the appellant, a woman without a male family member or tribal support, would face a real risk of persecution under the Refugee Convention upon return to Afghanistan. 3. Whether internal relocation is possible for them.
Outcome of the ruling
The Immigration Appeal Tribunal held that women in Afghanistan are capable of forming a “particular social group” within the meaning of the Refugee Convention.
The Tribunal found that, generally, women in Afghanistan without male protection or tribal support are at significant risk of persecution or serious harm, including severe discrimination, gender-based violence, sexual assault, and forced marriage. They are unlikely to enjoy access to sufficient protection from the authorities. However, whether internal relocation is unduly harsh depends on the individual circumstances of each case.
In light of the Country Guidance, the appeal was allowed. Internal relocation to Kabul would be ‘unduly harsh’ for the appellant, as a single mother “without male protection”, with deteriorating mental health, and with “two young daughters” who would themselves be at risk of sexual assault and forced marriage (paras. 91 and 96).
Country:
Official citation
NS (Social Group – Women - Forced Marriage) Afghanistan CG [2004] UKIAT 00328
Topic(s)
Keywords:
Forced marriage Gender based persecution Grounds/Reasons of persecution Membership of a particular social group Refugee status Right to asylum Well-founded fear
Tag(s):
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Iulia Mirzac (Birmingham Law School, University of Birmingham)
Doctoral Candidate at the University of Birmingham carrying out ESRC-funded research on judicial interpretations of undefined concepts within the UK anti-trafficking framework in England and Wales. Teaching Associate on the 'Decolonising Legal Methods' module at Birmingham Law School. Research Consultant at the Max Planck Institute for Social Anthropology, providing legal commentaries of asylum decisions based on gender-based violence published under the Institute's CUREDI database.