Ireland - Irish High Court rules on whether a family can constitute a particular social group

Date: 
Monday, January 26, 2015

The facts of the case relate to a Kosovar family unit who as a result of an Albanian family blood feud fled to Ireland and applied for refugee status. The family’s application was subsequently rejected on appeal on account of adverse credibility findings, availability of state protection, a lack of a well-founded fear of persecution and that the family was not part of a particular social group as defined in domestic legislation.

Focusing purely on whether members of families or clans are capable of constituting a particular social group, the High Court cited Fornah v Secretary of State for the Home Department , which established that the ties that bind members of a family together define the group and establish it as a social group falling under the provisions of the Refugee Convention. Taking into account this jurisprudence as well as a UNHCR position on the matter, the Court firstly submitted that the Refugee Appeals Tribunal erred in its finding that feuds among family members did not have a Convention nexus. Secondly, the Court found that the Tribunal had also fallen into error in its finding that the applicants did not constitute members of a particular social group. In light of the Tribunal’s incorrect application of the law the High Court quashed the decision and remitted the matter back for determination by a different member of the Refugee Appeals Tribunal.


23 January 2015                                 

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Keywords: 
Credibility assessment
Internal protection
Membership of a particular social group
Tags: 
Ireland