Asylum

Question 1

Key provisions of the Nationality and Borders Act 2022:

Answer 1

s12: Allows for differential treatment of refugees [never put into practice]

s16: Inadmissibility for those who have a connection to a safe third country

s30-38: Interpretation of Refugee Convention, including two-stage test for “well-founded fear”

s40: Criminalisation of illegal entry

Question 2

Key provisions of the Illegal Migration Act 2023

Answer 2

For anyone who enters the UK illegally (unless they travel directly from the country where they fear persecution):

• s2: There is a duty to remove them
• s5: Their asylum/human rights claims are inadmissible
• s30: They can never get LTR/LTE
• s31: They can never get Britsih citizenship

Detention:
* s12: Detention possible even when removal is not possible
* s13: No bail until 28 days

Trafficking:
* s22: Removal of trafficking support

ECtHR:
* s55: ECtHR interim measures orders can be ignored

Question 3

Sivakumaran v SSHD (1987)

Answer 3

“Well-founded fear” of persecution means there must be a “reasonable degree of likelihood” / a “real and substantial risk” of persecution - and other formulations designed to show it’s lower than the civil standard

Question 4

Karanakaran v SSHD (2000)

Answer 4

The “reasonable degree of likelihood” standard applies to the whole of an asylum claim, including past facts, not just to the assessment of future risk