RR (Refugee-Safe Third Country) Syria: UTIAC 13 Nov 2010

UTIAC 1) Article 32 of the Refugee Convention applies only to a refugee who has been granted leave to enter and to stay in the United Kingdom in accordance with para 334 of the Immigration Rules: Secretary of State for the Home Department v ST (Eritrea) [2010] EWCA Civ 643 applied.
2) As Article 1A(2) of the Refugee Convention itself makes clear, in cases in which a claimant has more than one nationality, he will not qualify as a refugee if he can avail himself of the protection of another country of which he is a national.
3) In an asylum appeal in which the claimant has only one country of nationality (country A), it is permissible for the Secretary of State to propose more than one country of destination (country B etc): see JN (Cameroon) [2009] EWCA Civ 643 [23].
4) The question then, is whether by reference to A, the country of nationality, the claimant is a refugee. If he is not, the Refugee Convention does not apply to him. If he is, his appeal falls to be allowed only if his return to country B would be contrary to Article 33 of the Refugee Convention.
5) In any event, possible removal to a country not specified in the notice of decision under appeal is not a matter for the immigration judge.

Judges:

Storey, Latter SIJJ

Citations:

[2010] UKUT 422 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 19 September 2022; Ref: scu.444070