header-logo header-logo

The exclusion net

28 May 2009 / Joe Middleton
Issue: 7371 / Categories: Features , Public , Immigration & asylum , Human rights
printer mail-detail

Joe Middleton on recent exclusions under the Refugee Convention

* * * * * *

The Refugee Convention (the Covention) recognises that those who are guilty of very serious misconduct should not be entitled to surrogate protection, even if they have a genuine fear of persecution in their home countries.

Article 1(F) provides that the Convention does not apply if there are serious reasons for considering that a person has committed a crime against peace, a war crime or a crime against humanity (1F(a)), a serious nonpolitical crime (1F(b)) or acts contrary to the purposes and principles of the United Nations (1F((c)). Moreover, Art 33 provides that the prohibition of refoulement, which is at the heart of states' obligations under the Convention, does not apply if the person in question constitutes a danger to the community of the host country having been convicted of a particularly serious crime.

Exclusion from the scope of the Convention does not, of course, imply that the UK will remove a person to a place where they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
back-to-top-scroll