Title: China's One Child Policy, forcible sterilisation and membership of a particular social group: an Irish perspective
Authors: Zeldine Niamh O'Brien
Addresses: Law Library, Four Courts, Inns Quay, Dublin 7, Ireland
Abstract: Whether persons subject to China's One Child policy may constitute members of a particular social group for the purposes of the Convention or the Qualification Directive has been considered in a number of jurisdictions including Canada, Australia, New Zealand, the USA and the UK. In the recent cases of L.R.C. v Refugee Appeals Tribunal and Others  IEHC 500; and S.J.L. v Refugee Appeals Tribunal  IEHC 608, the matter came before the Irish High Court for consideration for the first time by way of judicial review of an appeal by the Refugee Appeals Tribunal. This article will consider these decisions in light of China's One Child policy and existing common law authorities and in the context of defining membership of a particular social group.
Keywords: asylum seekers; refugee status; social groups; social group membership; China; One Child Policy; Qualification Directive; Article 10; Ireland; forcible sterilisation; Chueng; Chan; Acosta; social perception; immutable characteristics; refugees; common law authorities.
International Journal of Migration and Border Studies, 2016 Vol.2 No.3, pp.222 - 244
Received: 28 Apr 2015
Accepted: 05 Oct 2015
Published online: 11 Jul 2016 *