Case No. UKUT-00137-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00137-(IAC)

Fecha: 26-Nov-2015

The Law

5. Article 1F of the Refugee Convention provides as follows: “The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) h e has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make prov ision in respect of such crimes; (b) h e has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) h e has been guilty of acts contrary to the purposes and principles of the United Nations.” 6. Article 12 of Council Directive 2004/83/EC (“the Qualification Directive”) reproduces the terms of Article 1F with slight modifications . For our purposes the relevant provision i s Article 12(2)(c) which states as follows “ (c) h e or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations. (3) Paragraph 2 applies to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein.” 7. The Qualification Directive was transposed into United Kingdom Law by the Refugee or Person in Need of International Protection (Quali fication) Regulations 2006 (SI2 006/2525). 8. Also relevant to note is section 54 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”). This provides as follows: “(1) In the construction and application of Article 1F(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations can be taken as including, in particular – (a) a cts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence) , and (b) acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence). (2) In this section – ‘t he Refugee Convention’ means the Convention relating to the status of Refugees do ne at Geneva on 28 July 1951, and ‘terrorism’ h as the meaning given by s ection 1 of the Terrorism Act 2000.” 9. In its decision in