Immigration and Asylum Law Essay

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As a signatory to international treaties that relate to the status of refugees, UK immigration and asylum law is subject to the provisions of the international treaties it has acceded to. (Clayton 2006) The right to refugee status or the right to claim asylum in the UK is based inter alia on provisions from the Convention Relating to the Status of Refugees 1951, the European Convention on Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms 1950.


In the House of Lords decision in Islam (A.P.) v. Secretary of State for the Home Department and Regina v. Immigration Appeal Tribunal and Another Ex Parte Shah (A.P.) [1999] 2 W.L.R. 1015 (Conjoined Appeals), Lord Steyn set out a four point criteria that one claiming refugee or asylum status must meet. He opined that under Article 1A(2) of the Refugee Convention, an asylum seeker must be able to prove that, firstly he/she has a well founded fear of persecution; secondly, that the reason for persecution is as a result of race, religion, nationality, membership of a particular social group, or political opinion; thirdly, that he/she is not within the country of his/her nationality; and fourthly, that he/she is either unable or unwilling to lay claim to protection from his/her country of nationality due to the fear of persecution.
Consequently, having a well founded fea ...
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