UTIAC 1. The First-tier Tribunal (Immigration and Asylum Chamber) is required to apply of its own motion the statutory presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 to the effect that Art 33(2) of the Refugee Convention will not prevent refoulement of a refugee where the factual underpinning for the application of s.72 is present even if the Secretary of State has not relied upon Art 33(2) and s.72.
2. Equally, the Secretary of State is entitled to take the point before the Upper Tribunal in the event of an appeal.
3. The obligation of the First-tier Tribunal (or Upper Tribunal) is subject to the common law requirement of fairness. If the Secretary of State has not raised the s.72 point in the refusal letter, then an unrepresented appellant may need to be warned of the statutory provisions which raise the rebuttable presumptions against him and be given the opportunity to deal with them.
Judges:
Ockleton VP
Citations:
[2011] UKUT 338 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444047