Immigration and asylum law (uk) Assignment Example | Topics and Well Written Essays - 3000 words

Immigration and asylum law (uk) - Assignment Example In advising Sanko on the merits of his application for asylum each of these issues are considered. Fear of Persecution The first important step in considering Sanko’s application for asylum is determining whether or not Sanko can legitimately claim refugee status. According to Article 1(2) of the Convention Relating to the Status of Refugees 1951, refugee status is justifiable when: 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; or who, not having a nationality and being outside the country of his habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.1 Based on Article 1(2) of the Refugee Convention, the main issue is whether or not Sanko’s fear of persecution is well- founded and whether or not Sanko reasonably fears that he will not be accorded protection against the perceived probability of persecution. Based on the facts of the case for discussion, Sanko fears that given that his car was stolen and used in a political murder, there are fears that his imputed political connections makes him vulnerable to execution, unlawful killing and torture or inhuman or degrading treatment or punishment in the DRC. If indeed these fears are real, Sanko then has a claim for refugee status under Article 1(2) of the Refugee Convention on the grounds of political opinion. In order to determine whether or not Sanko’s fears are well-founded the Home Office Border Agency report on the DRC is instructive. According to the Home office’s report on the DRC, up to 2012, there have been significant reports of political murders and human rights abuses in the DRC and there is no sign of these incidents tapering off any time soon. It also appears that civilia n lives and human rights are endangered by the ruling political party, the opposition, the military and law enforcement.2 In MM (UDPS members – Risk on return) Democratic Republic of Congo CG the appellant appealed against a decision by the Home Office to refuse the appellant’s application for asylum and leave to enter the UK. The Immigration Appeals Tribunal noted that although it continues to accept that â€Å"low level members/sympathisers of† of the opposition â€Å"will not be at real risk on return to the DRC in the current climate,† however, it was too soon in the political transition to establish a blanket rule.3 The tribunal therefore stated that: The risk category to those having or being perceived to have a military or political profile in opposition to the government is one that fluctuates in accordance with the political situation.4 Sanko’s political association is not revealed. However, his political profile is one in which he is perc eived as opposed to the government. This conclusion can be drawn from the fact that his car was used in murder of a government minister by rebels fighting the government. The fact that Sanko learned that his car was used in the murder of the government minister is evidence that Sanko can be and very probably has been identified as the killer and will be persecuted as