Bundesamt für Fremdenwesen und Asyl v. A.N., Case C‑217/23 (Laghman)

However, compare UNHCR's Position on claims for refugee status under the 1951 Convention relating to the Status of Refugees based on a fear of persecution due to an individual’s membership of a family or clan engaged in a blood feud (see under 'related documents'), para. 18 which states that (…) a family unit represents a classic example of a “particular social group”. A family is a socially cognizable group in society and individuals are perceived by society on the basis of their family membership. Members of a family, whether through blood ties or through marriage and attendant kinship ties, meet the requirements of the definition by sharing a common characteristic which is innate and unchangeable, as well as fundamental and protected (…). In addition, the family is widely perceived as a cognisable unit, the members of which are readily distinguishable from society at large. Cf also the Opinion of the AG (also under 'related documents') which states in para. 57 "The first subparagraph of Article 10(1)(d) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted must be interpreted as meaning that: – The ‘distinct identity’ of the group is a condition that must be examined in the light of the surrounding society’s perception of it. – The ‘surrounding society’ is defined as the human and social environment in which that group lives, which the competent national authority considers relevant for the purposes of its individual assessment of the application for international protection. The perception of the surrounding society does not refer to the isolated perception of the actor of persecution, but to a collective perception. – The fact that the group is perceived as being different by the surrounding society must be examined in the light of the impression or image that it has of that group, with which an opinion or judgement may be associated that differentiates it or distinguishes it from the rest of society. Behaviour, acts or measures that are adopted as a result of that perception may be relevant factors for that purpose. – Depending on the circumstances in the country of origin, a member of a family involved in a blood feud in that country may be considered to belong to a ‘particular social group’, as a reason for persecution that may lead to the recognition of refugee status"