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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll