Source: All England Reporter
Publisher Citation: [2012] All ER (D) 119 (Jun)
Neutral Citation: [2012] EWCA Civ 807
Court: Court of Appeal, Civil Division
Judge:

Rix, Lloyd and Stanley Burnton LJJ
Representation Richard Hermer QC and Alison Pickup (instructed by Howe & Co) for the claimant.
  Charles Bourne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 19 June 2012

Catchwords

Immigration - Leave to enter - Refugee - Asylum - Exclusion from provisions of Refugee Convention - Commission of crime against peace, war crime or crime against humanity - Claimant asylum seeker participating in raids on farms in Zimbabwe - Upper Tribunal finding that claimant committing crimes against humanity so not having refugee status - Claimant appealing - Whether acts of sufficient gravity to fall within crimes against humanity - United Nations Convention relating to the Status of Refugees 1951 - Rome Statute of the International Criminal Court 1998.

The Case

Immigration Leave to enter. The Court of Appeal, Civil Division, dismissed the appeal against the decision of the Upper Tribunal, which confirmed the Secretary of State's decision to remove the claimant asylum seeker, on the basis that the acts she committed in attacking two farms in Zimbabwe were of sufficient gravity to be 'other inhumane acts', and therefore crimes against humanity, within the meaning of the Rome Statute of the International Criminal Court 1998.

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