Case No. UKUT-00414-(IAC)

’) 1. No Contracting State shall expel or return (‘ refouler ’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. 2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.” 26. By definition, the non-refoulement principle is only engaged in relation to those already recognised under the Convention as a refugee. Article 33(2) deprives existing refugees from the benefit of the non-refoulement principle in consequence to the presence of grounds to regard the refugee as posing a security risk to the host country, or as a result of criminal convictions which post-date their recognition as a refugee. 27. In practice, a person in relation to whom Article 33(2) is engaged would never be removed in circumstances which would lead to a contravention of the ECHR, even if they had been subject to a decision to revoke their refugee status. Similarly, persons in the United Kingdom who are excluded from the scope of the Refugee Convention under Article 1F would not be removed if to do so would place the United Kingdom in breach of its obligations under the ECHR. European Convention on Human Rights 28. Article 8 of the ECHR, Right to respect for private and family life , provides: “1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” 29. Article 14 of the ECHR, Prohibition against discrimination, provides: “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” Domestic legal framework 30. Section 3 of the Immigration Act 1971 (“the 1971 Act”) makes provision for the control of the entry and duration of stay of those subject to immigration control. Section 3(1)(b) provides: “(1) Except as otherwise provided by or under this Act, where a person is not a British citizen… (b) he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period…” 31. Subsection (2) makes provision for the Secretary of State to make rules “as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom…” The Immigration Rules must be laid before, and approved by, Parliament. 32. Subsection (3) enables the Secretary of State to impose conditions on a grant of limited leave to remain. “(3) In the case of a limited leave to enter or remain in the United Kingdom,— (a) a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and (b) the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.” 33. The Secretary of State also has a discretionary power under the 1971 Act to grant leave to enter or remain, even where leave would not be granted under the Immigration Rules. See the summary at