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Free access to Hathaway's The Law of Refugee Status (1991) - James C. Hathaway

Download PDF Chapters

Preface

Development of the Refugee Definition in International Law
Alienage
Well-Founded Fear
Persecution
Nexus to Civil or Political Status
Cessation and Exclusion
The Challenges of Human Protection in a Self-Interested World

Bibliography

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Q.Objection to perform military service

By Davoud (Auckland, New Zealand, New Zealand) On Oct 21, 2012 Public

Asylum Country : New Zealand,
Concepts : Military service, refusal to perform
Summary : Is it correct to say that states' right to draft their nationals for "compulsory" military service is limited to draft such persons for its "army" to defend the country against foreign aggression and protect their sovereignty? So, if the state deploys conscripts for "domestic" police force to enforce highly religious moral and dress codes and/or to suppress political dissent, does the state still enjoy the internationally recognised right to draft its nationals? I have an Iranian asylum seeker who objects to perform military service in Iran amongst other things also because the government assigns conscripts to the domestic police force(for their entire conscription period of 2 years). The assignment is random between the 'conventional' army and the police. I think Iran is the only country in the world that deploys conscripts for civilian police force. Also Iranian constitution declares the army as an 'Islamic Army" the objective: protect islamic values. My client is not a Muslim.

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Q.Objection to perfom Military Service

By Davoud (Auckland, New Zealand, New Zealand) On Oct 21, 2012 Public

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Q.Objection to perfom Military Service

By Davoud (Auckland, New Zealand, New Zealand) On Oct 21, 2012 Public

Concepts : Military service, refusal to perform
Summary : Is it correct to say that states' right to draft their nationals for "compulsory" military service is limited to draft such persons for its "army" to defend the country against foreign aggression and protect their sovereignty? So, if the state deploys conscripts for "domestic" police force to enforce highly religious moral and dress codes and/or to suppress political dissent, does the state still enjoy the internationally recognised right to draft its nationals? I have an Iranian asylum seeker who objects to perform military service in Iran amongst other things also because the government assigns conscripts to the domestic police force(for their entire conscription period of 2 years). The assignment is random between the 'conventional' army and the police. I think Iran is the only country in the world that deploys conscripts for civilian police force. Also Iranian constitution declares the army as an 'Islamic Army" the objective: protect Islamic values. My client is not a Muslim.

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Q.lack of state protection as persecution

By Menachem (Montreal, Quebec, Canada) On Jul 11, 2012 Public

Asylum Country : Israel,
Concepts : Persecution, condoned by state; Persecution, tolerated by State; State, unwillingness to protect
Summary : Can a state's refusal to provide protection to an individual, in a destabilized country (Chad), based on his imputed political opinion and ethnic group, constitute persecution under the convention? The asylee claims that he was repeatedly terrorized by rogue soldiers and rebels, and could not go to the police because they previously accused him of being a rebel, though they have not actively searched for him for two years.

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Q.Exceptions to Serious Non-Political Crime Bar

By Adrian (San Diego, California, United States) On Jun 04, 2012 Public

Concepts :
Summary : I am looking for relevant US caselaw (9th Circuit, for bonus points), or any materials that address exceptions to the "Serious Non-Political Crime" bar to asylum, particularly where self-defense may be involved. Can anyone provide any insights? Thanks! Adrian Cyhan Volunteer Pro-Bono Asylum Attorney in San Diego

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Q.Identification for Malian Native/Asylum Case

By Adrian (San Diego, California, United States) On May 02, 2012 Public

Asylum Country : United States,
Concepts :
Summary : I represent Malian native seeking asylum in the US, on a pro-bono basis. He arrived at the border months before the coup and humanitarian crisis began. He is a farmer from a rural area of northern Mali, and arrived at the US border with no documents. He has undergone persecution including bodily injury. I am seeking help/advice in locating any ID documents for him, or identifying an expert who might submit a declaration or testify that people of my client's ethnic group (Tamasheq) are often enslaved or live in quasi-slavery conditions, and that government ID records likely do not exist, or would be very difficult to locate and obtain. Any help is appreciated. Adrian Cyhan, UM Law '00.

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Q.Political refugee with DUI charge/potential expungement

By Timothy (Pittsburgh, Pennsylvania, United States) On Mar 21, 2012 Public

Asylum Country : United States,
Concepts :
Summary : I am a Public Defender in Pennsylvania and have a client who is a political refugee from Nepal. He has been in the U.S. for 9 months and is scheduled to be granted permanent residency after one year here. He is charged with underage Driving Under the Influence. He is elegible for ARD, meaning he would plead guilty now, then follow guidelines and punishments, typically probation and safe driving classes. If he fully complies with the ARD agreement his record would be expunged. My question is whether or not the standard of commiting a crime of "moral terpitude" to be deported for non-perminant immigrants is the same for refugees. The ARD deal gives my client the best chance to move on with his life, but I do not want the, albeit temporary, guilty disposition to negatively effect his refugee status. Any advice? Thank you.

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Q.Asylum Proceeding

By beker (Wien, Neidosterrich, Austria) On Mar 12, 2012 Public

Asylum Country : Austria,
Concepts :
Summary : My client applied for asylum based on his political opinion,he testified at lengh during a master hearing,presented evidence to support his claim including 1-A statement from the president of his political party confirming his persecution, 2-His party membership card. 3-An appointment letter for the position he held in the party. 4. Notoriety Affidavit from a member of his party with whom he was arrested and detained with. 5-A Copy of a death certificate of his brother killed during torture. 6-A release police bond. 7.A Court bail bond. Investigations were carried out in his home country and two of his evidence were declared forged by the embassy investigator ,that was 1 and 2 , in Evidence 1 the investigator stated that the case number belongs to another case and for Evidence 2 the court has no Jurisdiction.he states no further on how he reached his conclusion and his qualification.what should be done in this case and what could be the out come on appeal?

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Q.False documents

By beker (Wien, Neidosterrich, Austria) On Mar 12, 2012 Public

Asylum Country : Austria,
Concepts :
Summary : My client applied for asylum based on political opinion. He submitted Evidence ,1- A Statement from the president of his his political party confirming his persecution, 2-a party membership ID, 3-an appointment letter to the position he held in the party, 4-A notoriety Affidavit from his party member confirming his arrest,5- a Death certificate of his brother ,6 - a Court bail and a police bond letter. After an investigation in his home country the results came out with an allegation that two of his documents where forged that was the police bond and the court bail. For the police bond the statement reads that the "on checking the case file the number belonged to another case their for it is forged" and for the court bail it stated that " the court has no jurisdiction their for it is forged" Their was no information about the investigator and how the investigation was conducted ,if he had any interactions with the authorities which issued the documents. Can you please advise ?

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Q.Loss of Italian permanent residency

By Martin (Thornhill, On, Canada) On Jan 26, 2012 Public

Asylum Country : Italy,
Concepts : Citizenship, claim to
Summary : My client obtained PR status in Italy through family unification. She got married and then divorced in 2003. Has she lost her PR status because she is now divorced?

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Q.Convention travel document and consular assistance

By Harriet (London, London, United Kingdom) On Dec 16, 2011 Public

Concepts : Consular services
Summary : Can the issuing of a convention travel document give a refugee travelling to a third country an expectation of consular assistance? Only a British citizen is entitled to the consular assistance of the UK government. Does Article 25. 'Administrative assistance' of the 1951 Convention create an obligation to the state to offer comparable assistance?

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All Asylum Countries Australia
Austria
Belarus
Belgium
Canada
Czech Republic
Denmark
European Union
Finland
France
Germany
Greece
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Hungary
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Italy
Japan
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Netherlands
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Concept(s) :

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All Concepts
- A
  - Abuse by claimant
  - Accommodation, risk of denial of
  - Activities abroad, claims based on
  - Acts contrary to principles and purposes of United Nations
  - Age, risk because of
  - Agent of persecution
  - Apartheid
  - Apostasy
  - Arbitrary arrest, risk of
  - Arbitrary detention, risk of
  - Armed conflict
  - Arranged marriage, risk of
  - Arrest, arbitrary, risk of
  - Assault, risk of
  - Assembly, risk of denial of freedom of
  - Assistance from United Nations
  - Association, risk of denial of freedom of
  - Associations, voluntary, risk because of
  - Asylum, fear because of application for
  - Atheism, risk because of
- B
  - Balance of probabilities
  - Battered wives/women
  - Being persecuted
  - Benefit of the doubt
  - Birth control programs
  - Black market child, risk because of
  - Burden of proof
- C
  - Caste
  - Causation
  - Cessation of refugee status
  - Change of circumstances
  - Children, risk because of being
  - Choice of country of asylum
  - Circumcision, risk of
  - Citizenship, claim to
  - Civil and political rights, risk of denial of
  - Civil war
  - Civilians
  - Claim to refugee status, delay in making
  - Claim to refugee status, evidence
  - Claimant’s testimony
  - Clan warfare
  - Class, risk because of
  - Coercion, as defense to crime against peace
  - Color, risk because of
  - Combatants
  - Common crimes
  - Complicity of state
  - Compulsory nationalization
  - Conditions of employment, risk of denial of
  - Conscience, risk of denial of freedom of,
  - Conscientious objector
  - Conscription
  - Consular services
  - Convention
  - Corroboration
  - Council of Europe
  - Country of asylum, choice of
  - Country of first asylum
  - Country of former habitual residence
  - Country of nationality, applicant outside of
  - Country of origin
  - Country of persecution, re-establishment in
  - Credibility
  - Crimes against humanity
  - Crimes against peace and security
  - Criminal prosecution
  - Cultural rights, risk of denial of
  - Customary international law
- D
  - De facto nationality
  - Departure, unauthorized
  - Derogation from human rights standards
  - Deserters
  - Detention, arbitrary, risk of
  - Differential punishment, risk of
  - Diplomatic protection
  - Diplomatic services
  - Direct flight rule
  - Discrimination, risk of
  - Domestic violence
  - Draft evasion
  - Drug trafficking
  - Dual nationality
- E
  - Ecological refugees
  - Economic class, risk because of
  - Economic deprivation, risk of
  - Economic migrants
  - Economic persecution
  - Economic proscription
  - Economic, social and cultural rights
  - Education, right to, risk of denial of
  - Employment, right to, risk of denial of
  - Environmental refugees
  - Ethnic cleansing
  - Ethnic minorities
  - Ethnicity, fear because of
  - European Union
  - Evasion of military service
  - Evidence
  - Exclusion from Convention
  - Execution, risk of
  - Expression, freedom of, risk of denial of
  - Expulsion, freedom from
  - Extortion, risk of
  - Extradition law, relevance of
- F
  - Fact-finding
  - Failure of state to protect
  - Fair trial, right to, risk of denial of
  - False travel documents
  - Family
  - Family planning policies/programs
  - Fear, objective
  - Fear, subjective
  - Female circumcision
  - Female genital mutilation
  - First country of arrival
  - Food, right to, risk of denial of
  - For reasons of
  - Forced labor
  - Former habitual residence
  - Forward-looking risk
  - Fraud by claimant
  - Freedom fighter
  - Freedom of assembly, risk of denial of
  - Freedom of association, risk of denial of
  - Freedom of conscience, risk of denial of
  - Freedom of expression, risk of denial of
  - Freedom of movement, risk of denial of
  - Freedom of opinion, risk of denial of
  - Freedom of religion, risk of denial of
  - Freedom of speech, risk of denial of
  - Freedom of thought, risk of denial of
  - Fugitives from justice, exclusion of
- G
  - Gay
  - Gender
  - Gender persecution
  - Gender, risk because of
  - Generalized oppression
  - Genital mutilation, risk of
  - Genocide
  - Good faith requirement
  - Group persecution
  - Guerilla warfare
- H
  - Harassment
  - Hardship, economic
  - Health care, right to, risk of denial of
  - Hearing refugee claims
  - HIV/AIDS
  - Homosexuality
  - Housing, right to, risk of denial of
  - Human rights
  - Human rights violations
- I
  - Illegal departure
  - Illegal entry
  - Illegitimate children
  - Imposition of nationality
  - Imputed political opinion
  - Inability of state to protect
  - Inchoate citizenship
  - Indirect arrival
  - Indiscriminate harm
  - Innate or immutable characteristics
  - Intention
  - Internal conflict
  - Internal flight alternative
  - Internal protection alternative
  - Internal relocation
  - International criminal law, relevance of
  - International protection
- J
  - Jus cogens
- K
  - Kinship, risk because of
- L
  - Language, risk because of
  - Law of general application
  - Legality of departure (inferences based on)
  - Lesbian
  - Liberty and security, right to, risk of denial of
  - Life, right to, risk of denial of
  - Livelihood, denial of right to earn
- M
  - Marital status, risk because of
  - Marriage, right to, risk of denial of
  - Martial law
  - Medical care, right to, risk of denial of
  - Membership of a particular social group
  - Military service, refusal to perform
  - Mixed motives
  - Multiple nationality
- N
  - National security
  - Nationality
  - Nationality, acquisition of new
  - Nationality, de facto
  - Nationality, dual/multiple
  - Nationality, effective
  - Nationality, new
  - Nationality, re-acquisition
  - Natural disasters
  - Necessity, as defense to crime against peace
  - New nationality
  - Nexus to Convention ground
  - Non-political crimes
  - Non-refoulement
  - Non-state agents
- O
  - Objective assessment of risk
  - Occupation as reason for persecution
  - One-child policy
  - Organization of African Unity
  - Outside country of nationality
- P
  - Particular social group
  - Passport, destruction of
  - Past persecution
  - Persecution
  - Persecution, agents of
  - Persecution, condoned by state
  - Persecution, economic
  - Persecution, group
  - Persecution, individual
  - Persecution, past
  - Persecution, reasons for
  - Persecution, risk of
  - Persecution, tolerated by State
  - Persecution, well-founded fear of
  - Physical integrity, right to, risk of denial of
  - Political activities, inside state of origin
  - Political activities, outside state of origin
  - Political change
  - Political offences
  - Political opinion
  - Political opinion, attributed
  - Political opinion, implied
  - Political opinion, imputed
  - Political prisoner
  - Post-departure activities
  - Poverty
  - Principles and purposes of the United Nations
  - Privacy, right to, risk of denial of
  - Private harm
  - Procedures for status determination
  - Profession, right to exercise, risk of denial of
  - Profession, risk because of
  - Property, deprivation of
  - Prosecution
  - Proselytize, right to, risk of denial of
  - Prospective assessment of risk
  - Protection
  - Protection, diplomatic
  - Protection, failure of
  - Protection, re-availment of
  - Protocol
  - Punishment, differential
- R
  - Race
  - Racism, risk of
  - Rape, risk of
  - Re-acquisition of nationality
  - Re-availment of protection
  - Re-establishment in country of persecution
  - Real chance’ of persecution
  - Reasonable chance’ of persecution
  - Reasonable degree of likelihood’ of persecution
  - Reasonable possibility’ of persecution
  - Refugee Convention
  - Refugees sur place
  - Refusal to join army
  - Regional agreements
  - Regional organizations
  - Regionalized failure of protection
  - Religion
  - Religion, freedom of, risk of denial of
  - Relocation, forced
  - Residence, former habitual
  - Rights, civil and political, risk of denial of
  - Rights, economic/social/cultural, risk of denial of
  - Risk of persecution
  - Risk, forward-looking
- S
  - Safe third country
  - Self defence
  - Self-serving activities
  - Serious harm
  - Serious non-political crimes
  - Sex/gender
  - Sexual assault
  - Sexual orientation
  - Sexual violence
  - Similarly situated persons
  - Singled out requirement
  - Slavery, freedom from, risk of denial of
  - Social class
  - Social group
  - Social rights, risk of denial of
  - Soldiers
  - Speech, right to, risk of denial of
  - Spousal abuse
  - Standard of proof
  - State protection
  - State, inability to protect
  - State, unwillingness to protect
  - Stateless persons
  - Sterilization, as persecution
  - Students, risk because of
  - Subjective fear
  - Sufficiency of state protection
  - Superior orders, exception to exclusion
  - Sur place claims
  - Surrogate protection
- T
  - Targeting requirement
  - Terrorism, exclusion due to
  - Thought, freedom of, risk of denial of
  - Torture
  - Trade union membership
  - Transexuals
  - Transit through safe country
  - Travel documents, destruction of
- U
  - Unable to seek state protection
  - Unauthorized departure
  - Unauthorized entry
  - Undocumented asylum seekers
  - Union membership
  - United Nations, assistance from
  - United Nations, principles and purposes
  - Unwilling to protect
- V
  - Visa, destruction of
  - Voluntary associations
  - Voluntary re-acquisiton of nationality
  - Voluntary re-availment of protection
  - Voluntary re-establishment in country of origin
- W
  - War
  - War crimes
  - War, civil
  - Wealth, risk because of
  - Well-founded fear
  - Women
  - Worship, right of, risk of denial of
- Y
  - Young persons, risk because of status as

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Italy
Japan
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Netherlands
New Zealand
Norway
Poland
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Sweden
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United Kingdom
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Concept(s) :

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All Concepts
- A
  - Abuse by claimant
  - Accommodation, risk of denial of
  - Activities abroad, claims based on
  - Acts contrary to principles and purposes of United Nations
  - Age, risk because of
  - Agent of persecution
  - Apartheid
  - Apostasy
  - Arbitrary arrest, risk of
  - Arbitrary detention, risk of
  - Armed conflict
  - Arranged marriage, risk of
  - Arrest, arbitrary, risk of
  - Assault, risk of
  - Assembly, risk of denial of freedom of
  - Assistance from United Nations
  - Association, risk of denial of freedom of
  - Associations, voluntary, risk because of
  - Asylum, fear because of application for
  - Atheism, risk because of
- B
  - Balance of probabilities
  - Battered wives/women
  - Being persecuted
  - Benefit of the doubt
  - Birth control programs
  - Black market child, risk because of
  - Burden of proof
- C
  - Caste
  - Causation
  - Cessation of refugee status
  - Change of circumstances
  - Children, risk because of being
  - Choice of country of asylum
  - Circumcision, risk of
  - Citizenship, claim to
  - Civil and political rights, risk of denial of
  - Civil war
  - Civilians
  - Claim to refugee status, delay in making
  - Claim to refugee status, evidence
  - Claimant’s testimony
  - Clan warfare
  - Class, risk because of
  - Coercion, as defense to crime against peace
  - Color, risk because of
  - Combatants
  - Common crimes
  - Complicity of state
  - Compulsory nationalization
  - Conditions of employment, risk of denial of
  - Conscience, risk of denial of freedom of,
  - Conscientious objector
  - Conscription
  - Consular services
  - Convention
  - Corroboration
  - Council of Europe
  - Country of asylum, choice of
  - Country of first asylum
  - Country of former habitual residence
  - Country of nationality, applicant outside of
  - Country of origin
  - Country of persecution, re-establishment in
  - Credibility
  - Crimes against humanity
  - Crimes against peace and security
  - Criminal prosecution
  - Cultural rights, risk of denial of
  - Customary international law
- D
  - De facto nationality
  - Departure, unauthorized
  - Derogation from human rights standards
  - Deserters
  - Detention, arbitrary, risk of
  - Differential punishment, risk of
  - Diplomatic protection
  - Diplomatic services
  - Direct flight rule
  - Discrimination, risk of
  - Domestic violence
  - Draft evasion
  - Drug trafficking
  - Dual nationality
- E
  - Ecological refugees
  - Economic class, risk because of
  - Economic deprivation, risk of
  - Economic migrants
  - Economic persecution
  - Economic proscription
  - Economic, social and cultural rights
  - Education, right to, risk of denial of
  - Employment, right to, risk of denial of
  - Environmental refugees
  - Ethnic cleansing
  - Ethnic minorities
  - Ethnicity, fear because of
  - European Union
  - Evasion of military service
  - Evidence
  - Exclusion from Convention
  - Execution, risk of
  - Expression, freedom of, risk of denial of
  - Expulsion, freedom from
  - Extortion, risk of
  - Extradition law, relevance of
- F
  - Fact-finding
  - Failure of state to protect
  - Fair trial, right to, risk of denial of
  - False travel documents
  - Family
  - Family planning policies/programs
  - Fear, objective
  - Fear, subjective
  - Female circumcision
  - Female genital mutilation
  - First country of arrival
  - Food, right to, risk of denial of
  - For reasons of
  - Forced labor
  - Former habitual residence
  - Forward-looking risk
  - Fraud by claimant
  - Freedom fighter
  - Freedom of assembly, risk of denial of
  - Freedom of association, risk of denial of
  - Freedom of conscience, risk of denial of
  - Freedom of expression, risk of denial of
  - Freedom of movement, risk of denial of
  - Freedom of opinion, risk of denial of
  - Freedom of religion, risk of denial of
  - Freedom of speech, risk of denial of
  - Freedom of thought, risk of denial of
  - Fugitives from justice, exclusion of
- G
  - Gay
  - Gender
  - Gender persecution
  - Gender, risk because of
  - Generalized oppression
  - Genital mutilation, risk of
  - Genocide
  - Good faith requirement
  - Group persecution
  - Guerilla warfare
- H
  - Harassment
  - Hardship, economic
  - Health care, right to, risk of denial of
  - Hearing refugee claims
  - HIV/AIDS
  - Homosexuality
  - Housing, right to, risk of denial of
  - Human rights
  - Human rights violations
- I
  - Illegal departure
  - Illegal entry
  - Illegitimate children
  - Imposition of nationality
  - Imputed political opinion
  - Inability of state to protect
  - Inchoate citizenship
  - Indirect arrival
  - Indiscriminate harm
  - Innate or immutable characteristics
  - Intention
  - Internal conflict
  - Internal flight alternative
  - Internal protection alternative
  - Internal relocation
  - International criminal law, relevance of
  - International protection
- J
  - Jus cogens
- K
  - Kinship, risk because of
- L
  - Language, risk because of
  - Law of general application
  - Legality of departure (inferences based on)
  - Lesbian
  - Liberty and security, right to, risk of denial of
  - Life, right to, risk of denial of
  - Livelihood, denial of right to earn
- M
  - Marital status, risk because of
  - Marriage, right to, risk of denial of
  - Martial law
  - Medical care, right to, risk of denial of
  - Membership of a particular social group
  - Military service, refusal to perform
  - Mixed motives
  - Multiple nationality
- N
  - National security
  - Nationality
  - Nationality, acquisition of new
  - Nationality, de facto
  - Nationality, dual/multiple
  - Nationality, effective
  - Nationality, new
  - Nationality, re-acquisition
  - Natural disasters
  - Necessity, as defense to crime against peace
  - New nationality
  - Nexus to Convention ground
  - Non-political crimes
  - Non-refoulement
  - Non-state agents
- O
  - Objective assessment of risk
  - Occupation as reason for persecution
  - One-child policy
  - Organization of African Unity
  - Outside country of nationality
- P
  - Particular social group
  - Passport, destruction of
  - Past persecution
  - Persecution
  - Persecution, agents of
  - Persecution, condoned by state
  - Persecution, economic
  - Persecution, group
  - Persecution, individual
  - Persecution, past
  - Persecution, reasons for
  - Persecution, risk of
  - Persecution, tolerated by State
  - Persecution, well-founded fear of
  - Physical integrity, right to, risk of denial of
  - Political activities, inside state of origin
  - Political activities, outside state of origin
  - Political change
  - Political offences
  - Political opinion
  - Political opinion, attributed
  - Political opinion, implied
  - Political opinion, imputed
  - Political prisoner
  - Post-departure activities
  - Poverty
  - Principles and purposes of the United Nations
  - Privacy, right to, risk of denial of
  - Private harm
  - Procedures for status determination
  - Profession, right to exercise, risk of denial of
  - Profession, risk because of
  - Property, deprivation of
  - Prosecution
  - Proselytize, right to, risk of denial of
  - Prospective assessment of risk
  - Protection
  - Protection, diplomatic
  - Protection, failure of
  - Protection, re-availment of
  - Protocol
  - Punishment, differential
- R
  - Race
  - Racism, risk of
  - Rape, risk of
  - Re-acquisition of nationality
  - Re-availment of protection
  - Re-establishment in country of persecution
  - Real chance’ of persecution
  - Reasonable chance’ of persecution
  - Reasonable degree of likelihood’ of persecution
  - Reasonable possibility’ of persecution
  - Refugee Convention
  - Refugees sur place
  - Refusal to join army
  - Regional agreements
  - Regional organizations
  - Regionalized failure of protection
  - Religion
  - Religion, freedom of, risk of denial of
  - Relocation, forced
  - Residence, former habitual
  - Rights, civil and political, risk of denial of
  - Rights, economic/social/cultural, risk of denial of
  - Risk of persecution
  - Risk, forward-looking
- S
  - Safe third country
  - Self defence
  - Self-serving activities
  - Serious harm
  - Serious non-political crimes
  - Sex/gender
  - Sexual assault
  - Sexual orientation
  - Sexual violence
  - Similarly situated persons
  - Singled out requirement
  - Slavery, freedom from, risk of denial of
  - Social class
  - Social group
  - Social rights, risk of denial of
  - Soldiers
  - Speech, right to, risk of denial of
  - Spousal abuse
  - Standard of proof
  - State protection
  - State, inability to protect
  - State, unwillingness to protect
  - Stateless persons
  - Sterilization, as persecution
  - Students, risk because of
  - Subjective fear
  - Sufficiency of state protection
  - Superior orders, exception to exclusion
  - Sur place claims
  - Surrogate protection
- T
  - Targeting requirement
  - Terrorism, exclusion due to
  - Thought, freedom of, risk of denial of
  - Torture
  - Trade union membership
  - Transexuals
  - Transit through safe country
  - Travel documents, destruction of
- U
  - Unable to seek state protection
  - Unauthorized departure
  - Unauthorized entry
  - Undocumented asylum seekers
  - Union membership
  - United Nations, assistance from
  - United Nations, principles and purposes
  - Unwilling to protect
- V
  - Visa, destruction of
  - Voluntary associations
  - Voluntary re-acquisiton of nationality
  - Voluntary re-availment of protection
  - Voluntary re-establishment in country of origin
- W
  - War
  - War crimes
  - War, civil
  - Wealth, risk because of
  - Well-founded fear
  - Women
  - Worship, right of, risk of denial of
- Y
  - Young persons, risk because of status as

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