EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily

Posted July 1st, 2009 in asylum, dangerous offenders, law reports, regulations, ultra vires by sally

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213

“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.