DISTINCTION LEVEL Immigration law detailed notes and tutor presentation slides (Units 1-9) - 77% achieved.
All information needed is included. These notes are clear, concise and easy to understand. Headings are in the document for easy access to various units. Presentation slides for Unit 6 and ...
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller melissakizito. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £8.96. You're not tied to anything after your purchase.
