Podcast Location:
Download it here [file size: 27.7 MB]
Categories:
Immigration and Asylum Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast, John Walsh, a barrister at Doughty Street Chambers, examines the rules surrounding the exclusion and expulsion of refugees. He examines Article 33 of the Convention and analyses key phrases that require definition such as 'particularly serious crime'. He also looks at Article 21 of the Qualification Directive and the importance of the Nationality, Immigration and Asylum Act 2002. He also discusses the key legal issues that practitioners should be aware of.

Outcomes:
After completing the course you will:
  • Understand what Article 33 of the Convention states; Know when the article would apply;
  • Understand how the requirement to show the conviction of a 'particularly serious crime' compares with that of a 'serious non-political crime' discussed in article 1(f);
  • Appreciate whether Article 33(2) only applies to refugees;
  • Appreciate the similarities between Article 33(2) and Article 21 of the Qualification Directive;
  • Know the role played by the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order;
  • Know how the courts have examined section 72.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • The 1951 UN Refugee Convention Art. 33;
  • European Convention on Human Rights;
  • MT (Algeria) v SSHD [2007] EWCA Civ 808;
  • The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004;
  • Adan v Aitsegur [2001] 2 AC 477;
  • Council Directive 2004/83/EC (‘The Qualification Directive’);
  • EN (Serbia) v SSHD [2009] EWCA 630;
  • TB (Jamaica) [2008] EWCA 977.
Tags:

This podcast examines the rules surrounding the exclusion and expulsion of refugees. It examines key definitions found in Article 33 of the Convention and discusses the part played by the Qualification Directive and the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes.)

Podcast added: 11/08/11

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