In BA and others (Bedoon – Kuwait) v SSHD,253 a case involving two undocumented Bidoons, the then UK Asylum and Immigration Tribunal (AIT) stated that: whether denial of nationality amounts to persecution is a question of fact and depends upon the practical consequences for an individual in the country in which he is being denied nationality. At one end of the spectrum there are countries in respect of which denial of nationality may have few practical consequences for a person’s civil, political, social, economic and cultural situation. At the other end of the spectrum there are countries in respect of which the consequences may be comprehensive and dire.254 For the UK Tribunal, denial of nationality per se does not amount to persecution unless the practical consequences of such denial are severe enough to constitute persecution.255 This is because: [t]he denial of human rights … is not the same as persecution, which involves the infliction of serious harm. The 1951 Convention was concerned to afford refuge to victims of certain kinds of discriminatory persecution, but it was not directed to prohibit discrimination as such nor to grant refuge to the victims of discrimination.256 As further explained by Lord Hope of Craighead in Shah and Islam: persecution is not the same thing as discrimination. Discrimination involves the making of unfair or unjust distinctions to the disadvantage of one group or class of people as compared with others. It may lead to persecution or it may not. And persons may be persecuted who have not been discriminated against, if so, they are simply persons who are being persecuted.257 In BA and Others, the UKAIT held the denial of nationality to be a decisive factor because of the very strong objective evidence detailing the widespread and systematic discrimination of undocumented Bidoons as non-citizens, and the resulting violations of civil, political, BA and Others (Kuwait) CG v SSHD [2004] UK AIT 00256. BA, para.63. See also HE (Bidoon) Kuwait CG [2006] UKAIT 00051 for an application of BA and Others (2004) and a finding of no material change since the country guidance decision in BA despite improvements in education and health care. 255 ‘It may be that the right to a nationality is an emerging norm, but it has plainly not yet become part of international law’, BA, para.63. 256 Islam (A.P.) v. Secretary of State for the Home Department; R v. Immigration Appeal Tribunal and Another, Ex Parte Shah (A.P.), Session 1998-1999, United Kingdom: House of Lords (Judicial Committee), 25 March 1999, as per Lord Millet - available at: http://www.refworld.org/docid/3dec8abe4.html [accessed 12 June 2013] 257 Islam (A.P.) v. Secretary of State for the Home Department; R v. Immigration Appeal Tribunal and Another, Ex Parte Shah (A.P.), Session 1998-1999, United Kingdom: House of Lords (Judicial Committee), 25 March 1999 - available at: http://www.refworld.org/docid/3dec8abe4.html [accessed 12 June 2013] 253 254 45