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BS v SSHD (Religious Persecution in Punjab, India)

BS v SSHD (Religious Persecution in Punjab, India)

BS, an Indian national from the State of Punjab arrived in the United Kingdom to claim asylum in mid 2009. He entered the United Kingdom on a visitor’s visa with his family. He subsequently sought advice from Lexfield Law Partners in relation to making an application for asylum on the basis of his fear of persecution from a quasi religious/political organisation in India known as the Dera Sacha Sauda. BS was referred to us because of our specialist knowledge of the law and understanding of the particular issues raised by his own circumstances in India. We advised him on the procedures of the asylum process and prepared a detailed statement of the basis of his claim for asylum.

The Home Office initially refused BS’s asylum application on the discrete basis that he could internally relocate to another state in India to avoid persecution from the Dera Sacha Sauda followers. Furthermore the Home Office suggested that the Indian authorities could provide BS with sufficient level of protection against his persecutors. We assisted BS on lodging an appeal against the decision.

BS’s credibility had been generally accepted by the Home Office but the appeal required careful and strategic preparation on the issues of refusal, supported by documentary evidence.

BS’s appeal was allowed and it was found that the evidence relied upon by Lexfield Law Partners demonstrated that BS could not relocate to another part of India and that there was not sufficient protection available to him against his persecutors. The Home Office’s attempts to apply for reconsideration of these findings were unsuccessful and BS’s appeal was upheld on asylum grounds.

BS and his young family can now remain safely in the United Kingdom as refugees.


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