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1 I. L.J. 93 (2012)
Nexus with a Convention Ground: The Particular Social Group and Sexual Minority Refugees in Ireland and the United Kingdom

handle is hein.journals/irlajor2012 and id is 96 raw text is: Nexus with a Convention Ground: 93 The Particular Social Group and Sexual Minority Refugees in Ireland and the United Kingdom Samantha K. Arnold* It is well established in law and practice in Ireland, the United Kingdom, and across the Western world that sexual minority applicants for international protection fall within the scope oftheparticularsocialgroup ground ofthe Geneva Convention. The particular social group Convention ground developed the strongest nexus in practice with sexual minority applicants because ofits relative flexibility, openness, and inclusiveness as compared to the otherfour Convention grounds. Usingfield research, this article analyses the strengths and weaknesses of this nexus and determines whether the particular social group is the most effective Convention ground to invoke for sexual orientation and gender iden- tity applicants. TABLE OF CONTENTS I. INTRODUCTION 95 II. THE EVOLUTION OF THE PARTICULAR SOCIAL GROUP CONVENTION GROUND AND ITS UTILISATION IN RESPECT OF SEXUAL ORIENTATION AND GENDER IDENTITY APPLICANTS 96 A. International Case Law in the Evolution of the Particular Social Group Convention Ground 97 B. The Internal and External Approaches to Qualification for the Particular Social Group Convention Ground 101 III. SUPRA-STATE AND DOMESTIC LEGISLATION AND ITS IMPACT ON THE UNITED KINGDOM AND IRELAND 103 A. The Qualification Directive and its Transposition into Irish and UKLaw 103 B. Case Law in Ireland and in the United Kingdom 107 i. The United Kingdom 108 ii. Ireland 111 IV. THE PARTICULAR SOCIAL GROUP CONVENTION GROUND: LIMITING OR BEST DEVELOPED OPTION FOR CLAIMS RELATING TO SEXUAL ORIENTATION AND GENDER IDENTITY IN IRELAND AND THE UNITED KINGDOM? 113 A. The Lack ofa Nexus Between the Particular Social Group Convention Ground and Sexual Minority and Gender Identity Applicants 113

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