Nationality,Immigration and Asylum 2002 (Specification of Particularly Serious Crimes) Order 2004,Twenty-Second Report of Session 2003-04,Report,Together with Formal Minutes and Appendices: House of Lords Papers 2003-04,190/House of Commons Papers 2003-04,1212
The Stationery Office, 2004 - 26 pages
The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.
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1951 Convention Act 2002 Specification application of Article Article 1F Article 3 ECHR Article 33 Article lF(b Asylum Act 2002 asylum claim Background Note Baroness Prashar burden of proof Committee on Human concerns constitutes a danger convicted country of refuge Crime and Security David Chidgey Discretionary Leave exclusion clause exclusion from refugee Further Progress Report Gender Recognition Bill guidance House of Commons House of Lords human rights compatibility Immigration and Asylum Jean Corston Joint Committee Kevin McNamara MP Lord Nationality offence specified offences that apply order-making power particularly serious crimes Paul Stinchcombe presumption applies principle of non-refoulement proper interpretation proportionality provisions purposes of Article question range of offences reasonable grounds Refugee Convention Report Draft Report Eleventh Report Report Ninth Report Report of Session Sched Scrutiny of Bills Secretary Section 72 Security Act 2001 serious non-political crime Shaun Woodward Sixteenth Report Specification of Particularly Statutory Instruments UK legislation ultra vires UNHCR
Page 1 - The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman. Publications The Reports and evidence of the Joint Committee are published by The Stationery Office by Order of the two Houses....
Page 1 - Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet away from Westminster, to meet at any time (except when Parliament is prorogued or dissolved), to appoint specialist advisers, and to make Reports to the two Houses. Publication The Report and evidence of the Joint Committee are published by The Stationery Office by Order of the two Houses. All publications...
Page 1 - Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current Membership HOUSE OF LORDS HOUSE...