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The Status of Refugees in Immigration Law

Under the UN Convention on the Status of Refugees of 1951, and the enactment of provisions into the UK, authorities are required to -

Allow refugees the same status as nationals, in keeping with Case C-413/99 Baumbast & R v. Secretary of State for the Home Department [2002] ECR I-7091, but offers much less protection for those whose claims have not been assessed according to the Immigration Act 1971 at Schedule 2, Paragraph 2.

The Asylum and Immigration Appeals Act 1993 established the pre-eminence of the UN Convention on the Status of Refugees of 1951 and gave immigration authorities the power to detain asylum-seekers.

Section 1 of the Asylum and Immigration Appeals Act 1993 has established anyone may claim asylum where they effectively argue it would be contrary to the UK's obligations to require them to leave.

Section 2 of the Asylum and Immigration Appeals Act 1993 recognised nothing in the Immigration Rules could establish practices contrary to the UN Convention of 1951 and the Protocol Relating to the Status of Refugees 1967, not to expel anyone where it would threaten life and freedom.

The Asylum and Immigration Act 1996 removed the right of asylum seekers to welfare benefits when they claimed for asylum only after arriving here.

Moreover, the Asylum and Immigration Act 1996 also established 'safe' countries and ensured anyone who travelled through a 'safe third country' could only bring a 'out-of-country appeal' where asylum was refused.

But Article 31(2) of the UN Convention 1951 means "Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country".


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