China's One Child Policy, forcible sterilisation and membership of a particular social group: an Irish perspective

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 [2014] IEHC 500; and S.J.L. v Refugee Appeals Tribunal [2014] 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.