Persecution Expert

Persecution Expert & Asylum Law Glossary

35 definition-first terms for UK immigration practitioners.

Actor of Persecution
Any person or entity whose actions constitute persecution, including state agents and non-state actors where the state fails to protect. Defined in Article 6 of the Qualification Directive.
Article 15(c) (Subsidiary Protection)
Protection for persons who do not qualify as refugees but face a real risk of serious harm including indiscriminate violence in situations of international or internal armed conflict.
CPIN
Country Policy and Information Note. Home Office documents providing country conditions information used in asylum decision-making. Experts may go beyond CPIN analysis where the specific profile requires it.
Country Guidance Case
An Upper Tribunal decision designated as country guidance, providing authoritative precedent on country conditions and legal analysis for a specific country or issue.
Discretion Argument (LGBTQ+)
The rejected argument that LGBTQ+ asylum seekers should live discreetly to avoid persecution. Rejected by HJ (Iran) [2010] UKSC. Tribunals must assess risk on open living.
Exclusion Clauses
Refugee Convention Article 1F provisions excluding persons who have committed serious crimes, acts contrary to UN purposes, or crimes against peace from refugee protection.
HJ (Iran) [2010]
Leading UKSC authority on LGBTQ+ asylum. Established that LGBTQ+ individuals cannot be expected to conceal their identity and set the three-part test for LGBTQ+ persecution claims.
Humanitarian Protection
Leave granted where a person faces a real risk of serious harm but does not qualify for refugee status under the Refugee Convention grounds.
IDP (Internally Displaced Person)
A person forced to flee their home but who remains within their country of origin. Relevant to internal relocation and country conditions analysis.
Immigration Tribunal Practice Direction
Tribunal rules governing procedure including paragraph 10 on expert evidence standards, report format, and the duties of expert witnesses in immigration proceedings.
Imputed Political Opinion
Political opinion attributed to an individual by a persecutor regardless of whether they hold that opinion. Valid Convention ground established in RT (Zimbabwe) [2012] UKSC.
Internal Flight Alternative
Also called internal relocation. The proposition that an asylum seeker could safely and reasonably relocate within their country of origin rather than requiring international protection.
Internal Relocation
Analysis of whether an appellant could relocate safely and reasonably within their country of origin. Requires assessment of viability (safety) and reasonableness (not unduly harsh).
MOJ (Somalia) [2014]
Leading authority on persecution methodology and state protection analysis in non-state actor cases. Establishes the framework for assessing effective protection.
Non-Refoulement
The principle prohibiting return of a person to a country where they face persecution or serious harm. Core to both Refugee Convention and Article 3 ECHR protection.
Non-State Actor
A persecutor who is not a state agent, including criminal gangs, family members, community groups, and terrorist organisations. Can ground asylum where state protection fails.
Particular Social Group (PSG)
The fifth Refugee Convention ground. A group sharing a protected characteristic that is socially perceived as distinct in the country of origin. Requires both limbs of the test.
Persecution Threshold
The level of seriousness harm must reach to constitute persecution: a serious violation of fundamental human rights. Cumulative harm may reach the threshold even where individual acts do not.
Political Opinion (actual/imputed)
A Refugee Convention ground covering persecution for actual political views held or political views imputed by the persecutor. RT (Zimbabwe) [2012] confirmed imputed opinion as valid.
Qualification Directive
EU directive defining standards for refugee and subsidiary protection status, as implemented in UK law. Defines acts of persecution, actors of persecution, and protection grounds.
Real Risk
The standard for assessing future risk of persecution or serious harm. Requires a reasonable degree of likelihood, not certainty, that persecution would occur on return.
Refugee Convention 1951
The foundational international instrument defining refugee status. Article 1A(2) defines a refugee as someone with a well-founded fear of persecution for Convention reasons.
Religion Ground
Persecution for reasons of religion including belief, practice, conversion, apostasy, and imputed religious identity. Article 9 of the Qualification Directive defines acts of religious persecution.
RT (Zimbabwe) [2012]
UKSC authority establishing imputed political opinion as a valid Convention ground and addressing diaspora political activity as a risk factor on return.
Serious Harm
Harm reaching the threshold for subsidiary protection under Article 15 of the Qualification Directive, including death penalty, torture, inhuman treatment, and indiscriminate violence.
Social Perception Test
The requirement that a claimed PSG is recognised as a distinct group in society, not merely a statistical category. One of two limbs of the PSG test in UK asylum law.
State Persecution
Persecution carried out by state agents including military, police, intelligence services, and judicial authorities. Direct state targeting of individuals or groups.
State Protection
Analysis of whether the state is willing and able to protect the appellant from persecution. Three-part test: existence, adequacy, and accessibility of protection mechanisms.
Subsidiary Protection
Protection status for those facing serious harm who do not qualify as refugees. Includes Article 15(c) protection from indiscriminate violence in conflict situations.
UNHCR Guidelines
UNHCR guidance documents on refugee status determination including gender-related persecution, LGBTQ+ claims, and internal relocation. Influential in UK tribunal analysis.
Well-Founded Fear
The subjective fear of persecution combined with objective evidence supporting that fear. The standard for refugee status under Article 1A(2) of the Refugee Convention.
Convention Nexus
The connection between the feared persecution and a Refugee Convention reason: race, religion, nationality, PSG, or political opinion. Required for refugee status.
Cumulative Persecution
Where individually insufficient acts of harm cumulatively reach the persecution threshold through a systematic pattern of discrimination or mistreatment.
Letter of Instruction
The document sent to an expert setting out the case, questions, and documents. Must comply with Immigration Tribunal Practice Direction and the Adam Pipe October 2025 guide.
Statement of Truth
A formal declaration by the expert confirming the report's contents are true to the best of their knowledge. Required in all expert reports for immigration tribunals.

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