Al-Sirri v. Secretary of State for the Home Department (United Nations High Commissioner for Refugees Intervening)

Abstract

Aliens — Asylum claim — Appellant claiming asylum in United Kingdom — Refusal of asylum by Home Secretary — Refusal of asylum upheld by Asylum and Immigration Tribunal — Article 1F(c) of Refugee Convention, 1951 — Whether appellant guilty of acts contrary to purposes and principles of United Nations — Terrorism

Relationship of international law and municipal law — Refugee Convention, 1951 — Convention having domestic force to extent adopted by national legislation — Convention given effect by European Community directive which was itself directly effective in domestic law — European Communities Act 1972 — Council Directive 2004/83/EC — Qualification of application of Section 1 of Terrorism Act 2000 to proceedings under Article 1F of Refugee Convention, 1951

Treaties — Interpretation — Refugee Convention, 1951 — Straightforward language of Convention — Scope and purpose of Convention — Article 1F(c) of Convention — Principles and purposes of United Nations — Whether terrorism contrary to principles and purposes of United Nations — Whether individual acts of terrorism within reach of Article 1F(c) — United Nations Charter — Meaning and scope — Relevant Security Council resolutions — Resolution 1624 — Centrality of principles and purposes of United Nations to adjudication — Article 1F(c) of Refugee Convention, 1951

Terrorism — Whether acts of terrorism constituting acts contrary to principles and purposes of United Nations — Article 1F(c) of Refugee Convention, 1951 — Whether Article 1F(c) of Convention confined to state actors

Human rights — Torture — Evidence obtained by torture — Repudiation of torture as means of obtaining evidence — Whether appellant’s Egyptian convictions obtained by torture — Weight to be given to evidence obtained by torture — Whether Asylum and Immigration Tribunal erring in law by giving weight to Egyptian convictions — The law of England