Successful refugee appeal for an imputed political opinion
Our team successfully established our client’s refugee appeal before the Immigration and Protection Tribunal. The identified risk of harm was primarily associated with our client’s extended family relationship to a senior political figure in his home country, together with a perceived risk that our client was politically active and supportive of the current political opposition party in that country. The latter risk appears to have arisen as a result of entrenched hostilities between the political groups. In this environment, there was deep suspicion and paranoia between members and supporters of the opposition parties.
The risks our client faced were not immediately obvious until his most recent return to his home country. Shortly after his arrival, he came to the attention of the government’s secret service agency. He was arrested, detained and tortured for a period of two days, in breach of Article 6, 7 and 9 of the ICCPR and Article 3 of the Convention Against Torture.
With the assistance of members of the police force, our client managed to escape detention and flee across the border to South Africa. As a consequence of our client’s family’s profile, the Tribunal determined, that objectively on the facts, he faced a real chance of being subjected to serious harm arising from the sustained or systematic violation of internationally recognised human rights. The identified convention reasons were his imputed political opinion and membership of a particular social group, namely his family.
Our immigration lawyers are specialised in refugee law, human rights law, and deportation. If you have concerns about returning to your home country, or you have been made liable for deportation, we encourage you to contact one of our team:
Simon Graham
Partner
SGG@YOUNGHUNTER.CO.NZ
Christine LeBeau
Senior Associate
CLL@YOUNGHUNTER.CO.NZ
Austin Lange
Senior Solicitor
AXL@YOUNGHUNTER.CO.NZ
Suyoun Jung
Solicitor
SYJ@YOUNGHUNTER.CO.NZ
