What the United States Can Learn from Other Common Law Countries About Refugee Claims Based on Membership in a Particular Social Group

Judith M. Patterson

Abstract

The United States, Canada, United Kingdom, New Zealand and Australia have approached the particular social group category somewhat differently and employed a range of legal and conceptual solutions. Nonetheless, the case law has yielded remarkably similar results. A consistent understanding of the term particular social group as used in the Convention’s definition of refugee is a desirable goal. The practice of considering foreign law jurisprudence works toward the goal of achieving a measure of uniformity. Additionally, exploring how decision makers in other refugee-receiving common law countries deal with particular social group claims enables jurists in the United States to draw on various perspectives that will serve to clarify the rationale and standards applied domestically.