ABSTRACT
This chapter examines the development of case law concerning the definition of a refugee under the 1951 Convention relating to the Status of Refugees (1951 Refugee Convention). Specifically, it investigates the treatment of the concept of “membership of a particular social group” and takes the example of claims based on sexual orientation. Recent developments in Canadian and United States courts are compared with those in the United Kingdom. It is outside the scope of this chapter to look at the types of harm specific to gay and lesbian claimants although, arguably, the biggest obstacle to recognition of such claimants in the UK is now in the definition of “persecution”. 1
