ILPA casenote-IH Eritrea 2009 UKAIT 00012-M Lilley and P Draycott-REVISED-210409.pdf
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Deportation appeal considers Section 72 of the Nationality, Immigration and Asylum Act 2002 and meaning of 'particularly serious crime'
17/04/2009
The Asylum and Immigration Trubunal last month (09.03.2009) gave determination following the reconsideration of the Appellant's appeal against the Respondent's decision to deport him on a number of grounds. As casenote produced for the ILPA April 2009 monthly mailing is reproduced below.
IH (Section 72; 'particularly serious crime') Eritrea [2009] IJRL 308 AIT; [2009] UKAIT 00012
> judgment
> access International Journal of Refugee Law (IJRL) Vol 21, No 2 article on this case
Determination: The presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 that in the circumstances specified a person has been convicted by a final judgment of a "particularly serious crime" for the purposes of Art 33(2) of the Refugee Convention if read as irrebuttable are inconsistent with Art 21.2 of the EU Qualification Directive (Council Directive 2004/83/EC) which gives effect to the autonomous international meaning of Art 33(2) as part of EU law. As a consequence, the presumptions in s.72 must be read as being rebuttable.
Both sides have applied to the Tribunal for permission to appeal to the Court of Appeal.
Mark Lilley of Paragon Law and Paul Draycott of Garden Court North produced a casenote on this determination which was first published in the Immigration Law Practitioners' Association (ILPA) April 2009 mailing and which has been reproduced below with permission from the authors and ILPA.
