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International Journal of Refugee Law Advance Access originally published online on April 27, 2009
International Journal of Refugee Law 2009 21(2):308-370; doi:10.1093/ijrl/eep010
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© The Author (2009). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oxfordjournals.org

Case Law

IH (Appellant) v. The Secretary Of State for the Home Department (Respondent)

The first 150 words of the full text of this article appear below.

IH (s.72; ‘Particularly Serious Crime’) Eritrea [2009] UKAIT 00012

ASYLUM AND IMMIGRATION TRIBUNAL

THE IMMIGRATION ACTS

Heard at Field House

Dates of Hearing: 12 February, 3 and 9 September 2008

Before

Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal,

Senior Immigration Judge Lane, Senior Immigration Judge Grubb

Between

IH (Appellant)

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent)

Representation:

For the Appellant: Mr P Draycott, instructed by Paragon Law

For the Respondent: Mr P Patel, instructed by the Treasury Solicitors

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 . . . [Full Text of this Article]


   DETERMINATION AND REASONS
 
Introduction
Outline of the Issues
The Legal Framework
1. The Refugee Convention
2. The Qualification Directive
3. The Immigration Rules
4. Section 72 of the 2002 Act
Article 33(2) of the Refugee Convention
1. Autonomous Meaning?
UNHCR
Joint Committee on Human Rights
Academic Literature
Overseas Case Law
Domestic Case Law
2. Analysis and Conclusions
Compatibility of the 2004 Order and s.72 with Art 33(2)
Ultra vires and Incorporation
1. Ultra vires?
2. Incorporation
Art 21 of the Qualification Directive
Credibility
Decision

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