||All England Reporter
|| All ER (D) 182 (Oct)
|| EWCA Civ 1403
||Court of Appeal, Civil Division
Lord Phillips MR, Chadwick and Keene LJJ
||Manjit Gill QC, Christopher Jacob and Femi Omere (instructed by Berryman Shacklock, Nottingham and White Ryland) for the claimants.
||Monica Carrs-Frisk QC and Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
||14 October 2002
Immigration - Asylum - Fear of persecution - Change of circumstances - Designation of country as being generally free from risk of persecution - Claimants alleging presence of compelling reasons preventing their return - Claimants not prevented from being returned as lacking refugee status - Determination of status as refugee - Interpretation of international treaty - 1951 Convention Relating to the Status of Refugees, art 1C(5).
The proviso under art1C(5) of the 1951 Convention Relating to the Status of Refugees, which prevented the return of statutory refugees where there were compelling reasons, would not apply unless the asylum seekers had been formally recognised as having refugee status and there was no widespread and general practice of the international community to establish that that restriction was no longer to be applied as a matter of international law.
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