Podcast Location:
Download it here [file size: 25.9 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:

This podcast is aimed at Immigration practitioners interested in the topic of exclusion under the Refugee Convention. It examines the legal framework governing the process by which an individual may lose or be denied refugee status and its benefits.

Outcomes:
After completing the course you will:
  • Know what exclusion clauses are;
  • Be aware of the relevant provisions under the Refugee Convention setting out the circumstances in which an asylum seeker will be excluded under the convention;
  • Understand the purpose of these provisions to enable refusal to admission as a refugee for those that do not deserve of international protection.;
  • Know the burden and standard of proving exclusion;
  • Appreciate how the court interprets the relevant provisions and the scope of the provisions;
  • Know how issues of exclusion arise in asylum appeals;
  • Be aware of the relevant authorities and the current position;
  • Understand the practical implications of being excluded from the refugee convention under Article 1F, but being allowed to stay in the United Kingdom.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • UNHCR Guidelines on International Protection: Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees(2003);
  • 1979 UNHCR Handbook;
  • Al-Sirri v Secretary of State for the Home Department & Anor[2009] EWCA Civ 222;
  • Bundesrepublik Deutschland v. B and D JUDGMENT OF THE COURT (Grand Chamber) 9 November 2010;
  • KJ (Sri Lanka) v Secretary of State for the Home Department [2009] EWCA Civ 292;
  • El-Ali v SSHD [2002] EWCA Civ 1103 (26 July 2002);
  • Gurung v Secretary of State for the Home Department [2002] UKIAT 4870, [2003] Imm. A.R. 115;
  • Immigration, Asylum and Nationality Act 2006;
  • JS (Sri Lanka) [2010] UKSC 15 (17 March 2010);
  • Pushpanathan v Canada, Minister of Citizenship and;
  • Immigration Control (Canadian Council for Refugees intervening) [1999] INLR 36;
  • Ramirez v Canada (Minister of Employment and Immigration) (1992) 89 DLR (4th) 173;
  • Rome Statute of the International Court 1998.

In this podcast Christopher Jacobs from Landmark chambers considers the circumstances and process by which an individual may lose or be denied refugee status under the Refugee Convention.

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