Regina (European Roma Rights Centre and Others) v. Immigration Officer at Prague Airport and Another (United Nations High Commissioner for Refugees Intervening)

Abstract

Aliens — Entry — Asylum — Right of State to control entry of aliens into its territory — Limitations on that right — Refugees — Definition of refugee — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Requirement that person be outside State of nationality — Operation of immigration controls by one State in the territory of another — Nationals of second State seeking to travel to first State for purpose of claiming asylum — Whether first State entitled to refuse leave — Principles of interpretation of Convention

Aliens — Entry — Asylum — Customary international law — Whether customary international law conferring right of asylum wider than that in the Refugee Convention — Whether State in breach of customary law by refusing persons in country of nationality leave to travel to State for purpose of claiming asylum

Consular relations — Immigration control — State operating immigration controls on territory of another State — Immigration officers operating controls possessing status of consular officials — Whether exercising jurisdiction over non-nationals

Human rights — Scope and application of human rights treaties — European Convention on Human Rights, 1950 — Obligations of State Party limited to persons within its jurisdiction — Whether consular officials in a foreign State exercising jurisdiction over non-nationals — Whether refusal of leave to enter a violation of Convention — Whether frustrating right of asylum

Human rights — Discrimination — Prohibition of racial discrimination — International treaty law and customary international law — Race Relations Act 1976 — Direct discrimination on grounds of race — The law of England