난민·망명법
난민협약, 망명 절차 및 안전한 제3국 규칙.
소개
Refugee and asylum law protects individuals fleeing persecution. The 1951 Refugee Convention defines refugees. Claims are decided by the Home Office with appeals to the First-tier Tribunal. Recent legislation (Nationality and Borders Act 2022, Illegal Migration Act 2023) significantly reformed the system.
In Brief
Asylum seekers in the UK must prove they have a well-founded fear of persecution on a 1951 Refugee Convention ground (race, religion, nationality, political opinion, particular social group). The Home Office decides claims; appeals lie to the First-tier Tribunal (Immigration and Asylum Chamber) and then the Upper Tribunal. Non-refoulement is the core principle: no return to face persecution or torture. Legal aid is available for asylum claims in England and Wales.
핵심 원칙
Refugee Definition — Well-founded fear of persecution on grounds of race, religion, nationality, social group, or political opinion.
Non-Refoulement — A state must not return a person to face persecution or torture.
Asylum Procedure — Claims to the Home Office; interviews; appeals to First-tier Tribunal.
Safe Third Country — Persons travelling through safe countries may have claims deemed inadmissible.
Illegal Migration Act 2023 — Duty to remove persons arriving illegally, with limited exceptions.
핵심 법령
주요 판례
R v SSHD ex p Sivakumaran
[1988] AC 958
HJ (Iran) v SSHD
[2010] UKSC 31
일반적인 시나리오
Asylum claim refused
Appeal to the First-tier Tribunal for a full re-hearing. Further appeal to the Upper Tribunal on a point of law.
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Frequently Asked Questions
What is the definition of a refugee under international law?
Under the 1951 Refugee Convention (as supplemented by the 1967 Protocol), a refugee is a person who has a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, and is outside their country of nationality and unable or unwilling to return due to that fear. The fear must be both subjectively held and objectively well-founded.
What is non-refoulement?
Non-refoulement is the core principle of international refugee law (and human rights law): a state must not return a person to a territory where they face a real risk of persecution, torture, or inhuman or degrading treatment. It is a jus cogens norm of international law (Article 33 Refugee Convention, Article 3 ECHR). The principle is absolute for torture (Article 3); for refugee status, there are narrow exceptions for national security threats.
What does the Illegal Migration Act 2023 do?
The Illegal Migration Act 2023 created a duty on the Home Secretary to remove from the UK any person who arrived illegally after 7 March 2023, without considering their asylum claim. Such persons would generally be barred from the UK's asylum system and instead removed to their home country or a safe third country. The Act faced significant legal challenges and much of it was not implemented before changes in government policy in 2024.
What legal help is available for asylum seekers?
Asylum seekers can receive free legal representation from solicitors holding a Legal Aid Agency contract for immigration and asylum work. A Legal Aid certificate can be granted for asylum claims, appeals to the tribunal, and judicial review. The Asylum Legal Aid scheme funds specialist advice. In exceptional circumstances, judicial review of procedurally defective decisions can be funded by legal aid.
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