By Sarah Singer
Exclusion from refugee prestige for the suspected fee of significant crimes is a subject fraught with political and criminal controversy. this is often a space which sees the intersection of refugee legislations with foreign legal and humanitarian legislations and, more and more, measures taken within the struggle opposed to terrorism. In Terrorism and Exclusion from Refugee prestige within the UK, Sarah Singer examines even if and the way 'terrorism' has featured within the UK's interpretation and alertness of the Refugee Convention's 'exclusion clause'. a few resources are drawn on together with questionnaires and interviews carried out with immigration judges, the house Office's exclusion unit and criminal practitioners. She for this reason presents an exceptional and thorough research of the UK's method of asylum seekers suspected of great criminal activity.
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Additional resources for Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality
Sample text
42 There has clearly been a strong political drive within the uk to ensure that terrorists are excluded from refugee status. As noted above, a number of the un resolutions relating to terrorism and refugees began life as uk proposals. In addition, in 2006 the uk’s Immigration Asylum and Nationality Act came into force, s 54 of which provides that ‘[i]n the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including… (a) acts of committing, preparing or instigating terrorism… and (b) acts of encouraging or inducing others to commit, prepare or instigate terrorism’.
4413 (12 November 2001), p. 13 (Mr Ben Yahia); p. 15 (Mr Straw); pp. 16–17 (Mr Powell). unga Res 56/160 (13 February 2002), paras 7 and 8; unga Res 59/195 (22 March 2005), paras 9 and 10; unga Res 60/288 (20 September 2006), para 7. The Call for States to ‘take appropriate measures…before granting refugee status, with the purpose of ensuring that the asylum seeker has not planned, facilitated or participated in the commission of terrorist acts’ has also been included in the un High Commissioner for Human Rights’ Res 2002/35 (22 April 2002), para 8; the European Union’s Common Position on Terrorism of 2001 and a 2010 Statement by the President of the Security Council.
These cases were compiled from searches of legal databases and the Upper Tribunal (Immigration and Asylum Chamber) Reported Determinations Database, in an attempt to capture all reported decisions. The method used in selecting cases for analysis involved a comprehensive survey, rather than selection of the most interesting or provocative cases. 49 In total 33 cases were analysed. 50 These cases were analysed and coded thematically, in order to draw out key information.