AIT The presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 that in the circumstances specified a person has been convicted by a final judgment of a ‘particularly serious crime’ for the purposes of Art 33(2) of the Refugee Convention if read as irrebuttable are inconsistent with Art 21.2 of the EU Qualification Directive (Council Directive 2004/83/EC) which gives effect to the autonomous international meaning of Art 33(2) as part of EU law. As a consequence, the presumptions in s.72 must be read as being rebuttable.
[2009] UKAIT 00012
Bailii
Nationality, Immigration and Asylum Act 2002 72, Council Directive 2004/83/EC
England and Wales
Updated: 08 July 2021; Ref: scu.323717
