Terrorism and Exclusion from Refugee Status in the UK: by Sarah Singer

By Sarah Singer

Exclusion from refugee prestige for the suspected fee of great crimes is a subject fraught with political and felony controversy. this can be a space which sees the intersection of refugee legislation with overseas legal and humanitarian legislation and, more and more, measures taken within the struggle opposed to terrorism. In Terrorism and Exclusion from Refugee prestige within the UK, Sarah Singer examines even if and the way 'terrorism' has featured within the UK's interpretation and alertness of the Refugee Convention's 'exclusion clause'. a few resources are drawn on together with questionnaires and interviews performed with immigration judges, the house Office's exclusion unit and criminal practitioners. She consequently offers an remarkable and thorough research of the UK's method of asylum seekers suspected of great criminal activity.

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5261 (14 September 2005), p. 5 (President Bush). The lack of debate surrounding the adoption of sc Resolutions 1373 and 1377 mean it is not possible to draw conclusions on the motivations underlying the inclusion of provisions relating to asylum seekers and refugees, although Tunisia, the uk and the us appear to have been the principle supporters. 4413 (12 November 2001), p. 13 (Mr Ben Yahia); p. 15 (Mr Straw); pp. 16–17 (Mr Powell). unga Res 56/160 (13 February 2002), paras 7 and 8; unga Res 59/195 (22 March 2005), paras 9 and 10; unga Res 60/288 (20 September 2006), para 7.

35 Those that are fleeing persecution may nevertheless be excluded from refugee status under Article 1F. A terrorist act could be considered to amount to a war crime or crime against humanity under Article 1F(a). 36 Massive attacks on a civilian population may also constitute a ‘crime against humanity’ under Article 1F(a). Attacks on a civilian population committed by a terrorist organisation, in the context of a widespread and systematic attack against it, may therefore 35 36 James Hathaway and Colin Harvey, ‘Framing Refugee Protection in the New World Disorder’ (2001) 34 Cornell International Law Journal 257, 284–285.

In cases where terrorism is explicitly cited as a ground of exclusion it seems to be Article 1F(c) that is relied upon over and above the other limbs of Article 1F, and in a number of cases the Home Office has relied on this provision to revoke refugee status for acts committed in the uk or to exclude those who have participated in military activity that does not amount to an international crime under Article 1F(a). A recurring theme raised by participants that took part in this research relates to the unfamiliarity of many Home Office interviewing officers, immigration judges and Home Office Presenting Officers with the issues raised by Article 1F cases.

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