Considering the definitions of refugee status offered by the US and UK Governments, a Dalit asylum claim must be framed in the terms of the existing refugee definition. Both governments name caste as a ground for protection. This guide outlines how caste-based persecution has been argued in asylum cases in the US and UK, gives relevant government and case law, and identifies issues that remain unresolved. This guide provides a general overview of the law and is not legal advice. Claimants should approach an immigration lawyer or accredited adviser as soon as possible, as there are strict time limits.
What is a refugee under the law?
A refugee, within the terms of the 1951 Refugee Convention, is defined as a person who is outside their country of nationality and is unable or unwilling to return there, or is not permitted to return there due to a well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group or particular political opinion (Wikipedia, “Particular Social Group”). There must be a nexus between the reason for persecution and the member of the group (Wikipedia). The US definition is also based on these five grounds (Sikh Coalition, Well-Founded Fear, 2021).
Caste is not explicitly stated, so immigration officers would interpret caste claims in accordance to the existing grounds. One immigration advice website notes that in the absence of official policies, caste-based claims are generally processed as “race” or “membership of a particular social group.” They explain that since caste is a hereditary status, it would therefore fall under the “membership of a particular social group” (Human Rights Experts, “Can I Get Asylum from India?”). This is a commercial site’s view, not an official one. Our plain-language resource provides a simple definition of casteism, and our resource on caste legislation globally explains how other countries have incorporated or addressed caste discrimination.
Caste asylum USA: the particular social group test
There are three elements to prove a particular social group: it has to be defined by a characteristic that is immutable, it has to be particular and it has to be socially distinct (Matter of M-E-V-G-). A hereditary status like caste would qualify as immutable. The more difficult elements to prove are the nexus and level of persecution.
Caste and the harm. An applicant must show that the protected ground was one of the principal reasons for the harm. (8 U.S.C. § 1158(b)(1)(B)(i) and (ii), as applied in Swaran Singh v. Lynch, 5th Cir., 2015). In that case, a man from the Ramdasia Sikh caste married a woman from the higher Jatt Sikh caste without her father’s consent, and stated that his caste was the reason he and his family were persecuted (Swaran Singh v. Lynch, No. 14-60472, 5th Cir. Sept. 22, 2015). The Immigration Judge found him credible, and agreed his caste could be a particular social group, but found he did not show his persecution was based on his caste (Fifth Circuit). The court affirmed the denial as the evidence showed that the father-in-law’s motive was the family’s refusal to give consent for the marriage (Fifth Circuit). As this case is unpublished, it does not make precedent, and one case does not show how all cases go.
Discrimination versus persecution. Not all unequal treatment rises to the level of persecution. The Seventh Circuit has distinguished discrimination and persecution and offered India’s Caste System as an example of discrimination (USCIS Asylum Division Training Material, Definition of Persecution and Eligibility Based on Past Persecution). Therefore, an applicant must establish they have suffered past persecution not simply suffered unequal treatment.
Our caste in America resource details where caste appears in US law and our tracker details the caste-based laws at the state and city level that do not amend asylum law.
Caste asylum UK: Home Office guidance
The Home Office publishes a Country Policy and Information Note on India that covers Scheduled Castes and Tribes. The April 2024 version states, in general, a person belonging to a Scheduled Caste or Scheduled Tribe, or a minority religion, is unlikely to be at risk of persecution or serious harm from state or non-state actors (Home Office, Country policy and information note: religious minorities and scheduled castes and tribes, India, April 2024). It states that the state is generally willing and able to provide effective protection, and that internal relocation is likely to be reasonable (Home Office).
This is general starting point for decision makers, and the note itself states these conclusions are “in general.” Older Home Office guidance stated that internal relocation within India must be assessed on a case-by-case basis, taking into account the particular facts of the case (Home Office, India: Background information, including actors of protection, and internal relocation, older version). A separate September 2025 note is on internal relocation (Home Office, Country policy and information note: internal relocation, India, September 2025). Check the most recent version on GOV.UK as the guidance is updated from time to time. Our resource on caste discrimination in the UK outlines how caste is treated outside of asylum in the UK.
I did not find a UK country guidance decision that deals specifically with caste. Please find the log.
How the US and UK Compare
UK
Legal test Five grounds in the Refugee Convention
Likely ground for caste Particular Social Group
Main hurdles reported Links to the ground, level of seriousness
Official country guidance Home Office note, April 2024
US
Legal test Five grounds in the Immigration and Nationality Act
Likely ground for caste Particular Social Group
Main hurdles reported Links to the ground, level of seriousness
Official country guidance US government reports and expert evidence
The table attempts to simplify. It is based on the sources it describes, and is neither a comprehensive nor exhaustive description of either country’s system.
Decision from Canada
For comparison, a 2022 decision of the Canadian Refugee Protection Division determined that two Dalit claimants had been discriminated against since childhood and that their cumulative treatment amounted to persecution. The Division also determined that the claimants had rebutted the presumption of state protection (RPD 2022, Canada). Only one first-instance decision from a different country is described, and it does not in any way restrict a UK or US decision maker. It proves that similar sets of facts can be evaluated differently in various jurisdictions.
What advocates say
Some advocacy groups argue there are high levels of caste persecution, and that state protection is inadequate. The 2021 Sikh Coalition report provides an example of the alleged persecution of Dalit Sikhs. These are advocacy arguments. Elected officials will evaluate the evidence presented. There are various lists of documents that can substantiate caste discrimination available on the internet, including, police reports, medical records and expert opinions. Please consider this a general list, as it is provided by a commercial source.
Where to get help
Immigration attorneys or Accredited representatives are in the best position to give you a legal opinion about your situation, to determine whether you qualify for refugee status. In the U.S., persons seeking asylum can obtain free legal assistance from legal aid organizations. In the UK, persons can get assistance from solicitors. I cannot suggest particular organizations. Our guide to lodging a complaint about caste discrimination at work provides steps to file a discrimination complaint. (Some tips on blogging, AI tools, and email marketing have been instrumental in helping communities document cases and share their experiences. The Ambedkarite Educational Program was created to empower individuals with these resources.)
Takeaway
A Dalit asylum claim in the US or UK has to fit one of the five refugee grounds, usually particular social group or race, because neither country names caste. In the US, the main hurdles are showing that caste was a central reason for the harm and that the harm amounts to persecution. In the UK, the Home Office’s April 2024 note says Scheduled Caste members are in general unlikely to be at risk and that state protection and relocation are usually available, although each case turns on its facts. Outcomes vary, and legal advice is essential.
Frequently Asked Questions
Can you get asylum because of caste?
Caste is not a ground in the refugee definition. People have argued claims under particular social group or race, and each case depends on the evidence. Please speak to a qualified immigration lawyer.
What is the main problem in a caste asylum claim in the US?
Showing that caste was a central reason for the harm, and that the harm amounts to persecution and not only discrimination. In one unpublished 2015 case, a court upheld a denial because the evidence supported a different motive.
What does the UK Home Office say about caste and asylum?
Its April 2024 note on India says that, in general, a person from a Scheduled Caste or Scheduled Tribe is unlikely to be at risk, and that state protection and internal relocation are generally available. Each claim is considered on its facts.
Is caste a particular social group?
It can meet the “immutable” requirement because it is hereditary. A US court has treated a caste as a possible particular social group, but a claim still has to show persecution because of it.
Where can I find legal help?
In the US, through legal aid organisations and immigration lawyers. In the UK, through advice services and solicitors. Deadlines are strict, so please seek help early.
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SOURCES
- Fifth Circuit, Swaran Singh v. Lynch, No. 14-60472 (unpublished), September 22, 2015
- Executive Office for Immigration Review, Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014)
- Executive Office for Immigration Review, Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025)
- USCIS, “Definition of Persecution and Eligibility Based on Past Persecution” (training material)
- Sikh Coalition, Well-Founded Fear: Understanding Legal Challenges and Best Practices, 2021
- Wikipedia, “Particular social group”
- GOV.UK, Country policy and information note: religious minorities and scheduled castes and tribes, India, April 2024
- GOV.UK, Country policy and information note: internal relocation, India, September 2025
- ecoi.net, Home Office, India: Background information, including actors of protection, and internal relocation (archived)
- Refugee Law Lab, Refugee Protection Division (Canada), 2022 RLLR 21
- Human Rights Experts, “Can I Get Asylum from India? Caste, Gender, and Religious Claims”
