Source: All England Reporter
Publisher Citation: [2012] All ER (D) 149 (Mar)
Neutral Citation: [2012] UKSC 12
Court: Supreme Court
Judge:

Lord Hope DP, Lady Hale, Lord Brown, Lord Mance, Lord Kerr, Lord Clarke and Lord Dyson SCJJ
Representation Richard Drabble QC, Eric Fripp and Emma Daykin (instructed by Duncan Lewis Solicitors) for the appellant.
  Lisa Giovannetti QC and Rory Dunlop (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 21 March 2012

Catchwords

Immigration - Asylum - Refugee - Temporary admission - Removal - Appellant being Eritrean national - Appellant claiming asylum and being granted temporary admission into UK - Secretary of State subsequently refusing appellant leave to enter and issuing removal directions - Whether person recognised to be a refugee within meaning international law was by reason of that status alone 'lawfully in UK - Meaning of 'lawfully' - Whether appellant lawfully in UK - Refugee Convention 1951, art 32.

The Case

Immigration Asylum. The Supreme Court, in dismissing the appellant refugee's appeal, held that the word 'lawfully' in art32(1) of the Refugee Convention 1951 had to be taken to refer to what was to be treated as lawful according to the domestic laws of the contracting state. Accordingly, art32 of the Convention did not extend to a refugee, such as the appellant, who had been temporarily admitted to the United Kingdom.

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