The Nationality Immigration And Asylum Act 2002 Commencement No 7 Order 2004

Author : Great Britain. Parliament. Joint Committee on Human Rights
Publisher : The Stationery Office
ISBN 13 : 9780104005514
Total Pages : 36 pages
Book Rating : 4.0/5 (55 download)

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Download or read book The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 written by Great Britain. Parliament. Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2004 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.