Case Law

The main determination in this case is whether harm amounts to persecution for one of the five reasons set out in the Refugee Convention. The Court considered country background of El-Salvador to assess and determine if the appellant has a well-founded fear/risk of persecution for reasons relating to membership of a particular social group and different political opinion.

15 December 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts of persecution - Asylum-seekers - EU Qualification Directive - Gang related violence | Countries: El Salvador - United Kingdom of Great Britain and Northern Ireland

2 August 2019 | Judicial Body: United States District Courts | Topic(s): Access to procedures - Asylum policy - Asylum-seekers - Illegal entry - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: El Salvador - Guatemala - Honduras - Mexico - Nicaragua - United States of America

19 October 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Gang related violence - Non-state agents of persecution - Refugees - Right to life | Countries: El Salvador - Spain

25 November 2015 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Topic(s): Gang related violence - Social group persecution | Countries: El Salvador - United States of America

24 August 2015 | Judicial Body: El Salvador: Corte Suprema de Justicia | Topic(s): Anti-terrorism law - Constitutional law - Terrorism | Countries: El Salvador

The Fourth Circuit granted a petition for review of the Board’s decision affirming an Immigration Judge’s denial of an application for asylum and withholding of removal to El Salvador.

30 April 2015 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Topic(s): Gang related violence - Threats / Intimidation | Countries: El Salvador - United States of America

26 August 2014 | Judicial Body: United States Board of Immigration Appeals | Topic(s): Agents of persecution - Domestic violence - Gender-based persecution - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: El Salvador - Guatemala - United States of America

18 July 2014 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Topic(s): Gang related violence - Threats / Intimidation | Countries: El Salvador - United States of America

14 July 2014 | Judicial Body: United States Court of Appeals for the Fourth Circuit | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements | Countries: El Salvador - United States of America