Religion and persecution: should the United States provide refuge to German Scientologists?

This article explores whether German members of the Church of Scientology (Scientology) may be eligible for refugee status under United States law. It concludes that Scientology is a religion within the meaning of US refugee law, but that individual German adherents would ordinarily have great diffi...

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Bibliographic Details
Published in:International journal of refugee law 1999-04, Vol.11 (2), p.310-328
Main Authors: Helton, AC, Münker, J
Format: Article
Language:English
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Summary:This article explores whether German members of the Church of Scientology (Scientology) may be eligible for refugee status under United States law. It concludes that Scientology is a religion within the meaning of US refugee law, but that individual German adherents would ordinarily have great difficulty establishing a well-founded fear of persecution, unless the German authorities undertake more restrictive discriminatory measures. The current situation of Scientologists in Germany is examined, as are the relevant provisions of the Refugee Act of 1980, with reference to international standards and comparative jurisprudence. The elements of the refugee definition are examined in relation to a claim of persecution on account of religion based on Scientology, a claim that was granted in one case in 1997 by a US Immigration Judge.
ISSN:0953-8186
1464-3715
DOI:10.1093/ijrl/11.2.310