immigration law Resources

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Human Rights Issues and Immigration Law

It is useful to consider the principle of ejusdem generis in ascertaining whether someone falls within a social group that is persecuted by construing a particular social group as being of the same kind as others for reasons associated with the European Convention on Human Rights 1950.

But whilst, for example, claims from homosexuals had been denied and granted mainly on the basis of particular social group, there had been no authoritative judgement - although in Secretary of State for the Home Department Regina v. Immigration Appeal Tribunal and Another Ex Parte Shah (A.P) (Conjoined Appeals), the House of Lords said, obiter homosexuals may constitute a social group if they suffer discrimination as a result.

Article 3 of the European Convention on Human Rights 1950 provides:

"No one shall be subjected to torture or to inhuman or degrading treatment or punishment" supported by R (on the application of Adam) v. Secretary of State for the Home Department - R (on the application of Tesema) v. Secretary of State for the Home Department - R (on the application of Limbuela) v. Secretary of State for the Home Department [2004] EWCA CIV 540