Islam v Secretary of State for the Home Department; R v IAT, ex parte Shah
| Jurisdiction | England & Wales |
| Judgment Date | 25 October 1996 |
| Date | 25 October 1996 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice Sedley
Immigration - asylum - well-founded fear of persecution
A woman who had a credible concern that she would be punished by stoning to death for adultery under an interpretation of Islamic law if returned to her home country, having nowhere else to go but the home of her husband, was capable of being a member of a social group where there was a well founded fear of persecution so that she was potentially a refugee who should be offered asylum.
Mr Justice Sedley so held in the Queen's Bench Division when granting the application of Syeda Khatoon Shah for judicial review of the decision of the Immigration Appeal Tribunal to refuse her leave to appeal from a special adjudicator's dismissal of her appeal against the refusal of the Home Secretary to grant her asylum.
Article 1(A) of the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) provides: "For the purposes of the present convention, the term "refugee' shall apply to any person who…owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country."
Miss Frances Webber for the applicant; Mr Mark Shaw for the Home Secretary.
MR JUSTICE SEDLEY said that the material findings of the special adjudicator were that the applicant, a citizen of Pakistan, was a battered wife. She had been brought up partly in the United...
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