header-logo header-logo

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

The exclusion net

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

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll