In The Press
Landmark decision on “particular social group” (Free Movement) (4 August 2020)
Date: 04/08/2020
Free Movement have taken an in-depth look into one of our recent reported cases DH (Particular Social Group: Mental Health) Afghanistan [2020] UKUT 223 (IAC) The case affirms the supremacy of the Refugee Convention 1951 over EU law by reference to the Convention’s object and purpose; recognises for the first time in UK asylum law that a “person living with disability or mental ill-health” may qualify as a member of a particular social group (PSG); and it clarifies the correct legal approach, overturning previous unhelpful tribunal authority, approving obiter comments of the House of Lords as well as affirming the UN Refugee Agency guidelines (helpfully annexed to the decision) making it easier to establish a PSG in all cases. Solicitor Stefan Vnuk represented the appellant.