[2024] UKUT 00323 (IAC)

It is important to remember that the Convention does not only set out the criteria relating to the acquisition, loss, or exclusion of refugee status. It also sets out minimum standards for the treatment of refugees. (Footnote: ²)

Article 2 of the Convention sets out general obligations that a refugee has to the country of refuge. In particular, that they conform to its laws and regulations as well as to measures taken for the maintenance of public order.

Article 3 sets out the fundamental principle of non-discrimination: see SSHD v K [2006] UKHL 46; [2007] AC 412 at [10].

Chapter II of the Convention sets out minimum standards relating to the ‘Juridical Status’ of refugees. These include provisions relating to Personal Status (Article 12), Property (Article 14), Rights of Association (Article 15), and Access to the Courts (Article 16).

Chapter III of the Convention sets out minimum standards relating to ‘Gainful Employment’. These include provisions relating to the right to engage in Wage-earning Employment (Article 17), Self-employment (Article 18), and Liberal Professions (Article 19).

Chapter IV of the Convention sets out minimum standards relating to the ‘Welfare’ of refugees. These include provisions relating to Housing (Article 21), Public Education (Article 22), Public Relief (Article 23), and Labour Legislation and Social Security (Article 24).

Chapter V of the Convention sets out minimum standards relating to ‘Administrative Measures’. These include provisions relating to Adminstrative Assistance (Article 25), Freedom of Movement (Article 26), Identity Papers (Article 27), Travel Documents (Article 28), and an undertaking, as far as possible, to ‘facilitate the assimilation and naturalization of refugees’ (Article 34).

It is important to note that many of the rights must be accorded to refugees in the same way as they would to nationals of the Contracting State except, where specified, some of the rights to be accorded to refugees are those ‘accorded to aliens generally in the same circumstances’. The content of each right will depend on the wording of the relevant Article.

Included in the ‘Administrative Measures’ are three important principles of the Convention. First, the non-penalisation on account of illegal entry or presence in the Contracting State (Article 31). Second, the prohibition on expulsion of a refugee lawfully in the territory save on grounds of national security or public order, and even then, ‘only in pursuance of a decision reached in accordance with due process of law’ (Article 32). Third, the principle of non-refoulement and the limited exceptions to that principle (Article 33).