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Regina v. Secretary of State for the Home Department, ex parte Bugdaycay

England.  19 February 1987 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Asylum — Duty of non-refoulement — Decision to return refugee from State of nationality to third country — Evidence that third country will return refugee to State of nationality — Whether return to third country in those circumstances a breach of the Geneva Convention relating to the Status of Refugees, 1951, Article 33 — Determination of refugee status — Whether determination of refugee status a matter for the Secretary of State — Role of the courts — Right of appeal against refusal of refugee status — Extent of duty to cooperate with United Nations High Commissioner for Refugees — Recommendations of High Commissioner not binding — Expulsion — Geneva Convention relating to the Status of Refugees, 1951, Article 32 — Duty not to expel refugee lawfully in territory of contracting State — Whether applicable to alien temporarily admitted to territory pending decision on application for leave to enter

Relationship of international law and municipal law — Treaties — Application by municipal courts — United Nations High Commissioner for Refugees — Extent to which English court should take note of High Commissioner’s recommendations for implementation of the Geneva Convention relating to the Status of Refugees, 1951, and the 1967 Protocol thereto — Recommendations incapable of prevailing over express provisions of statute — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1989

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