1/2/202
Protection 1
Refugee
Law
UNIVERSITY OF WESTMINSTER
LEGAL PRACTICE COURSE
IMMIGRATION AND ASYLUM
ELECTIVE 2021
LECTURE 6
1
2
Issues
What is the legislative framework?
Who is entitled to a grant of Refugee
status?
How is Refugee status determined?
What is the procedure for claiming
asylum?
Exclusion
Rights and entitlements of Refugees
2
3
International, Retained EU law
and Domestic Law
Convention Relating to the Status of Refugees, 1951
Convention and 1967 Protocol.
European Convention on Human Rights 1950
Retained EU Law: The Qualification Regulations (The
Refugee or Person in Need of International
Protection (qualification) regulations 2006 (SI
2006/2525)
Several domestic statutes
And the Immigration Rules Part 11 and Part 12
Home Office policy and guidance
3
, 1/2/202
4
Refugee Convention
Article 1A.(2)
A. For the purposes of the present Convention, the term
“refugee” shall apply to any person who:
(2) …owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such
fear, is unwilling to avail himself of the protection of that
country; or who, not having a nationality and being
outside the country of his former habitual residence as a
result of such events, is unable or, owing to such fear, is
unwilling to return to it.
4
5
Determining Refugee Status
Apply Article 1A
Outside Country of nationality
Persecution – treatment they fear from their country amount to
persecution?
Well-founded fear
“for reasons of” (i.e., Causation)
Convention reason (race, religion, nationality, PSG (particular social
group), political opinion)
State protection
State or Non-state Actors
Internal relocation – within their country – safe place to relocate
5
6
Standard of proof
and relevant date
In an asylum claim past facts and future fear must be
proven to the lowest standard:
A reasonable degree of likelihood:
R v. Secretary of State for the Home Department, Ex
parte Sivakumaran [1988] AC 958
The relevant date is the date of decision (Home Office)
and date of hearing (Tribunal).
6
Protection 1
Refugee
Law
UNIVERSITY OF WESTMINSTER
LEGAL PRACTICE COURSE
IMMIGRATION AND ASYLUM
ELECTIVE 2021
LECTURE 6
1
2
Issues
What is the legislative framework?
Who is entitled to a grant of Refugee
status?
How is Refugee status determined?
What is the procedure for claiming
asylum?
Exclusion
Rights and entitlements of Refugees
2
3
International, Retained EU law
and Domestic Law
Convention Relating to the Status of Refugees, 1951
Convention and 1967 Protocol.
European Convention on Human Rights 1950
Retained EU Law: The Qualification Regulations (The
Refugee or Person in Need of International
Protection (qualification) regulations 2006 (SI
2006/2525)
Several domestic statutes
And the Immigration Rules Part 11 and Part 12
Home Office policy and guidance
3
, 1/2/202
4
Refugee Convention
Article 1A.(2)
A. For the purposes of the present Convention, the term
“refugee” shall apply to any person who:
(2) …owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such
fear, is unwilling to avail himself of the protection of that
country; or who, not having a nationality and being
outside the country of his former habitual residence as a
result of such events, is unable or, owing to such fear, is
unwilling to return to it.
4
5
Determining Refugee Status
Apply Article 1A
Outside Country of nationality
Persecution – treatment they fear from their country amount to
persecution?
Well-founded fear
“for reasons of” (i.e., Causation)
Convention reason (race, religion, nationality, PSG (particular social
group), political opinion)
State protection
State or Non-state Actors
Internal relocation – within their country – safe place to relocate
5
6
Standard of proof
and relevant date
In an asylum claim past facts and future fear must be
proven to the lowest standard:
A reasonable degree of likelihood:
R v. Secretary of State for the Home Department, Ex
parte Sivakumaran [1988] AC 958
The relevant date is the date of decision (Home Office)
and date of hearing (Tribunal).
6
