What is persecution under refugee convention?

In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group. …

What is the legal definition of persecution?

The ICC Statute defines persecution as “the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity” (Art. 7.2. g of ICC Statute). The Statute of the ICC establishes that gender may be a ground for fearing persecution.

What is persecution immigration?

Although persecution is not specifically defined within the INA, the courts have held that “a threat to life or freedom on account of race, religion, nationality, political opinion or membership of a particular social group is always persecution.” 7 The United Nations High Commission on Refugees (UNHCR) has endorsed a …

What does the word persecution mean for what reasons are refugees persecuted?

Persecution can mean many more things than physical harm. If you have left your home country and are seeking protection within the U.S. as an asylee or refugee, you will need to show that the harm you faced in that country, or fear you will encounter if you go back there, constituted or would constitute “persecution.”

Is the concept of ” persecution ” in refugee law?

1 In explaining to us the object and purpose of this workshop, Jean-Pierre Cavaillé has posited that the notion of persecution suffers from a “woeful lack of definition”. If this were unconditionally true, then international refugee law would be in jeopardy. 1 UN Treaty Series n° 2545, vol. 189, p. 137.

Where does the word persecution come from in immigration law?

The word “persecution” comes straight from U.S. immigration law, which mentions it in its definition of “refugee.” (See the Immigration and Nationality Act at I.N.A. Section 101(a)(42).) However, the law does not give any separate definition of persecution, nor specifically list the types of harm that will be considered.

Is the concept of persecution defined in the 1951 Convention?

The concept of persecution, although central to the determination of refugee status and hence to the international regime for the protection of refugees established under the 1951 Convention, is not defined in the Convention.

What makes a person a refugee under the Refugee Convention?

In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group.