Dang (Refugee – Query Revocation – Article 3) Vietnam: UTIAC 28 Jan 2013

UTIAC A decision to revoke or refuse to renew a grant of asylum under paragraph 339A of the Immigration Rules only relates to the individual’s status under the Qualification Directive (European refugee status) and not his status under the Refugee Convention; further, it can only apply to cases in which the asylum application was made on or after 21 October 2004 and at least one of the provisions in sub-paragraphs (i)-(vi) of para 339A of the Immigration Rules applies.
If an individual was granted refugee status some time ago, there is no legal or evidential presumption that, for so long as he is a refugee under the Refugee Convention, removal would be in breach of Article 3. Whilst the past may be relevant in shedding light on the current situation and the prospective Article 3 risk, it remains the case that the question whether there is a real risk of Article 3 ill-treatment must be answered at the date of the hearing and is forward-looking.

Judges:

Ockleton VP, Gill UTJ

Citations:

[2013] UKUT 43 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 13 November 2022; Ref: scu.470611