The memo discusses examples of decisions that are used to describe UNE’s practice where the appellant is considered a refugee, cf. the Immigration Act Section 28 first paragraph (a) because of membership of a ‘particular social group’, cf. the Immigration Act Section 30 first paragraph (c).
The memo is intended to illustrate how this convention ground is assessed in a range of individual cases, and is not an exhaustive description of the practice in the two areas discussed. Around 70 decisions have been reviewed. The decisions have been retrieved from the sections’ practice overviews/memos, in addition to a review of the database of previous decisions. Some decisions were also identified in connection with the equal treatment meeting on vulnerable women in April 2015. An attempt has been made to divide the memo into a few main groups under the topic. However this division is not entirely adequate as the review shows that one woman who had violated social and cultural norms could be assigned to several categories (honour-related cases, forced marriage, fear of sexual violence etc.). The review shows that the two main groups with respect to the number of decisions are claims of homosexual orientation and genital mutilation. However, these claims are covered by separate practice memos and are therefore not discussed in this memo.