Asylum law Essay Example | Topics and Well Written Essays - 1500 words

Asylum law - Essay Example The objective aspect will examine at the objective principles of the claim and also the subjective principle will examine whether there is any presence of a fear of the objective conditions. (Harvey: 237). Thus, a refugee should demonstrate with concrete proof that they would suffer harassment if they return to their mother land. They should demonstrate that they would be subject to harassment or humiliation on logical grounds of persecution due to nationality, race, political ideologies and religion. In Adan v Secretary of State for the Home Department, Lord Slynn observed that well –founded fear must be present at the period when the claim for refugee status is to be determined. In Sivakumaran 1case, House of Lords observed that the fear of persecution must be a contemporary fear if it is the well founded. Thus, the most crucial factor in deciding the refugee status in UK is the Home Secretary’s evaluation of the narrations in the refugee application which will be considered in relation to the situations that existed in the applicant’s country of origin. (Harvey: 240). In Sivakumaran case , the issues pertains to Tamils in Sri Lanka and the House of Lords turned down the Court of Appeal’s acceptance of two tire test favoured by United States jurisprudence . The first is whether the individual is a refugee and the second is that would their freedom or life be in jeopardy. The Court of Appeal applied a composite standard of reasonable likelihood of real risk or harm to prove whether or not a fear was tenable or well-founded and prevented return to their mother land. In other parlance, the judges regarded the meaning of â€Å"well-founded fear† instead of â€Å"persecution.† The above decision did not meet the end of justice, given the incidence of atrocities unleashed on Tamil youths in Sri Lanka at that point of