The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had not received, leave to enter under section 3 of the Immigration Act 1971 and by section 11 (1) of that Act a person is deemed not to have entered the United Kingdom so long as he is detained or temporarily admitted or released while liable to detention under the powers conferred by Schedule 2 of the Act. For the purposes of the Convention, a person temporarily admitted is therefore not to be regarded as lawfully in the territory. He is instead in an intermediate position which also differs from those in the country illegally . . ‘
Judges:
Woolf LJ
Citations:
Times 08-Jun-1987, [1987] Imm AR 489
Statutes:
The Convention relating to the Status of Refugees 1951 3
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited by:
Cited – Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
Cited – Szoma v Secretary of State for the Department of Work and Pensions HL 28-Jul-2005
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 16 May 2022; Ref: scu.220675