Publisher Citation: [2002] All ER (D) 49 (Jan)
Court: Administrative Court

Turner J

Representation Christopher Jacob (instructed by White Ryland) for the claimant.
  Lisa Giovanetti (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 15 January 2002


Immigration - Refugee - Asylum - Applicant a Kosovar Albanian - Applicant assaulted by Serbian forces - Applicant contending he faced real risk of persecution if returned - Secretary of Sate rejecting claim due to change of circumstances in region - Special adjudicator dismissing appeal - Whether adjudicator in error by failing to recognise applicant as a refugee - Convention and Protocol Relating to the Status of Refugees 1951, art 1C(5).

The Case

In the context of art 1C(5) of the Geneva Convention, the term statutory refugee referred to a person whose refugee status had been established. Accordingly, in order to be recognised as a refugee it was clear that a person had to be formally recognised by the proper authorities. In circumstances where a claimant had not so been recognised, he was not entitled to the protection of that proviso.

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