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01 MAY 2012

R (on the application of ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12

Immigration - Asylum - Interpretation - Convention rights

Protection under article 32 of the Geneva Convention relating to the Status of Refugees was only afforded to those who had lawfully been granted the right to stay in the UK.

21 March 2012

Administrative Court

Lord Hope, Lady Hale, Lord Brown, Lord Mance, Lord Kerr, Lord Clarke, and Lord Dyson

(1) The appellant was of Eritrean nationality and was granted temporary admission into the United Kingdom pursuant to paragraph 21 of Schedule 2 to the Immigration Act 1971. Notification was given to the appellant that her claim for refugee status had been refused, and she would be removed from the UK. The appellant was granted permission to apply for judicial review, and the decision declining to grant her refugee status was then quashed. The Defendant was ordered to recognise the appellant as a refugee, and grant her leave to remain. The Defendant appealed, the Court of Appeal reversed the decision.

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