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Regina (ST (Eritrea)) v. Secretary of State for the Home Department

United Kingdom, England.  09 June 2010 ; 21 March 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Asylum — Human rights — Refugee status — Protection from well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion — Difference between recognition as a refugee and grant of asylum — Whether recognition of status as a refugee compelling a grant of asylum — Article 32 of Convention relating to the Status of Refugees, 1951 — Degree of attachment to receiving State necessary for attracting greater protection of Article 32

Relationship of international law and municipal law — Convention relating to the Status of Refugees, 1951, Articles 32 and 33 — Article 32 obligation of Contracting States not to expel a refugee “lawfully in their territory” — Meaning of “lawfully in their territory” — Article 33 obligation of non-refoulement — Expulsion of refugee to a safe third State — European Convention on Human Rights, 1950 — Immigration Act 1971 — Human Rights Act 1998 — Nationality, Immigration and Asylum Act 2002 — Refugee or Person in Need of International Protection (Qualification) Regulations 2006 — Immigration Rules — United Kingdom domestic law — United Kingdom’s obligations under Refugee Convention

Treaties — Interpretation — Convention relating to the Status of Refugees, 1951, Article 32 — Meaning of words “lawfully in their territory” in Article 32 — European Convention on Human Rights, 1950 — Vienna Convention on the Law of Treaties, 1969, Article 31(1) — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2015

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