Shaheen v Secretary Of State For Home Department [2002] EWCA Civ 1290 (29 August 2002)

Shaheen v Secretary Of State For Home Department [2002] EWCA Civ 1290 (29 August 2002)

The case raises arguable issues regarding the adequacy of state protection and the assessment of future risk of persecution for a woman resisting an arranged marriage and facing threats of honour-based violence in Pakistan. The tribunal may have misdirected itself in law and fact, warranting a full appeal.

Citation
[2002] EWCA Civ 1290
Parties
Claimant/applicant: Nusrat Shaheen; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
29 August 2002
Procedural Posture
Civil Appeal (immigration/asylum) / Renewed Application for Permission to Appeal From Immigration Appeal Tribunal
Outcome
Permission to appeal granted
Legal Topics
Refugee Convention, Particular Social Group, Persecution, State Protection, Honour Killings, Arranged Marriage, Gender Based Persecution
Immigration Law Asylum Law Human Rights Refugee Convention Particular Social Group Persecution State Protection Honour Killings +2 more

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Parties

Nusrat Shaheen

Claimant/applicant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal (immigration/asylum) / Renewed Application for Permission to Appeal From Immigration Appeal Tribunal

Legal Issues

  1. 1 Whether the appellant qualifies as a member of a 'particular social group' under the Refugee Convention
  2. 2 Whether there is a well-founded fear of persecution if returned to Pakistan
  3. 3 Whether the State can provide sufficient protection against persecution

Ratio Decidendi

The case raises arguable issues regarding the adequacy of state protection and the assessment of future risk of persecution for a woman resisting an arranged marriage and facing threats of honour-based violence in Pakistan. The tribunal may have misdirected itself in law and fact, warranting a full appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal allowed
  • Detailed assessment of publicly funded applicant's costs