Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality

International Law

Terrorism and Exclusion from Refugee Status in the UK: Asylum Seekers Suspected of Serious Criminality

By Sarah Singer
Brill Nijhoff June 2015

Specifications

ISBN-13
9789004292079
Publisher
Brill Nijhoff
Publication
June 2015
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Exclusion from refugee status for the suspected commission of serious crimes is a topic fraught with political and legal controversy. This is an area which sees the intersection of refugee law with international criminal and humanitarian law and, increasingly, measures taken in the fight against terrorism.

In Terrorism and Exclusion from Refugee Status in the UK, Sarah Singer examines whether and how ‘terrorism’ has featured in the UK’s interpretation and application of the Refugee Convention’s ‘exclusion clause’. A number of sources are drawn on including questionnaires and interviews conducted with immigration judges, the Home Office’s exclusion unit and legal practitioners. Singer therefore provides an unprecedented and thorough analysis of the UK’s approach to asylum seekers suspected of serious criminality.

Table of Contents

Contents 1
Introduction 11
1.
What is Terrorism? 15
2.
Article 1F and Terrorism 19
3.
Methodology 23

2.
Interpreting Article 1F 26
1.
The Vienna Rule and the Interpretation of Human Rights Treaties 28
2.
The Interpretation of Article 1F in the UK 39
3.
Conclusions 52

3.
Terrorism as a Crime against Peace, a War Crime, a Crime against Humanity or a Serious Non-political Crime 54
1.
Terrorism as a Crime against Peace, a War Crime or a Crime against Humanity 55
2.
Terrorism as a Serious Non-political Crime 69
3.
Conclusions 83

4.
Terrorism as Acts Contrary to the Purposes and Principles of the United Nations 85
1.
The Early Cases 89
2.
The UK's Domestic Definition of Terrorism, the EU Qualification Directive and the Court of Appeal 97
3.
The Supreme Court's Judgment in Al-Sirri 104
4.
Action against UN Mandated Forces as Acts Contrary to the Purposes and Principles of the United Nations 114
5.
Conclusions 120

5.
Responsibility and Membership of a Terrorist Organisation 123
1.
The Gurung Doctrine 127
2.
The Problems in Identifying an 'Extreme Terrorist Organisation' 130
3.
Towards Convergence with International Criminal Law 135
4.
International Criminal Law and the Gurung Doctrine 139
5.
International Criminal Law and Lord Brown's Formulation of Article 1F Responsibility 145
6.
Conclusions 148

6.
The Application of Article 1F 150
1.
When Article 1F is Raised 151
2.
The Limb of Article 1F That is Relied upon 157
3.
How Often Article 1F is Raised 172
4.
The Increase in the Application of Article 1F 179
5.
Who is Being Excluded under Article 1F 193
6.
Conclusions 198

7.
The Exclusion Process 200
1.
The Exclusion Decision 201
2.
The Consequences of Exclusion 214
3.
The Appeal 223
4.
Conclusions 238
Conclusions 240
Bibliography 247
Books and Monographs 247
Chapters and Articles 248
Index 253
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