Question 1

What is Actor of Persecution?

Accepted Answer

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.

Question 2

What is Article 15(c) (Subsidiary Protection)?

Accepted Answer

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.

Question 3

What is CPIN?

Accepted Answer

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.

Question 4

What is Country Guidance Case?

Accepted Answer

An Upper Tribunal decision designated as country guidance, providing authoritative precedent on country conditions and legal analysis for a specific country or issue.

Question 5

What is Discretion Argument (LGBTQ+)?

Accepted Answer

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.

Question 6

What is Exclusion Clauses?

Accepted Answer

Refugee Convention Article 1F provisions excluding persons who have committed serious crimes, acts contrary to UN purposes, or crimes against peace from refugee protection.

Question 7

What is HJ (Iran) [2010]?

Accepted Answer

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.

Question 8

What is Humanitarian Protection?

Accepted Answer

Leave granted where a person faces a real risk of serious harm but does not qualify for refugee status under the Refugee Convention grounds.

Question 9

What is IDP (Internally Displaced Person)?

Accepted Answer

A person forced to flee their home but who remains within their country of origin. Relevant to internal relocation and country conditions analysis.

Question 10

What is Immigration Tribunal Practice Direction?

Accepted Answer

Tribunal rules governing procedure including paragraph 10 on expert evidence standards, report format, and the duties of expert witnesses in immigration proceedings.

Question 11

What is Imputed Political Opinion?

Accepted Answer

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.

Question 12

What is Internal Flight Alternative?

Accepted Answer

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.

Question 13

What is Internal Relocation?

Accepted Answer

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).

Question 14

What is MOJ (Somalia) [2014]?

Accepted Answer

Leading authority on persecution methodology and state protection analysis in non-state actor cases. Establishes the framework for assessing effective protection.

Question 15

What is Non-Refoulement?

Accepted Answer

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.

Question 16

What is Non-State Actor?

Accepted Answer

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.

Question 17

What is Particular Social Group (PSG)?

Accepted Answer

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.

Question 18

What is Persecution Threshold?

Accepted Answer

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.

Question 19

What is Political Opinion (actual/imputed)?

Accepted Answer

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.

Question 20

What is Qualification Directive?

Accepted Answer

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.

Question 21

What is Real Risk?

Accepted Answer

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.

Question 22

What is Refugee Convention 1951?

Accepted Answer

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.

Question 23

What is Religion Ground?

Accepted Answer

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.

Question 24

What is RT (Zimbabwe) [2012]?

Accepted Answer

UKSC authority establishing imputed political opinion as a valid Convention ground and addressing diaspora political activity as a risk factor on return.

Question 25

What is Serious Harm?

Accepted Answer

Harm reaching the threshold for subsidiary protection under Article 15 of the Qualification Directive, including death penalty, torture, inhuman treatment, and indiscriminate violence.

Question 26

What is Social Perception Test?

Accepted Answer

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.

Question 27

What is State Persecution?

Accepted Answer

Persecution carried out by state agents including military, police, intelligence services, and judicial authorities. Direct state targeting of individuals or groups.

Question 28

What is State Protection?

Accepted Answer

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.

Question 29

What is Subsidiary Protection?

Accepted Answer

Protection status for those facing serious harm who do not qualify as refugees. Includes Article 15(c) protection from indiscriminate violence in conflict situations.

Question 30

What is UNHCR Guidelines?

Accepted Answer

UNHCR guidance documents on refugee status determination including gender-related persecution, LGBTQ+ claims, and internal relocation. Influential in UK tribunal analysis.

Question 31

What is Well-Founded Fear?

Accepted Answer

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.

Question 32

What is Convention Nexus?

Accepted Answer

The connection between the feared persecution and a Refugee Convention reason: race, religion, nationality, PSG, or political opinion. Required for refugee status.

Question 33

What is Cumulative Persecution?

Accepted Answer

Where individually insufficient acts of harm cumulatively reach the persecution threshold through a systematic pattern of discrimination or mistreatment.

Question 34

What is Letter of Instruction?

Accepted Answer

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.

Question 35

What is Statement of Truth?

Accepted Answer

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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