XX (on the application of XX) (Sri Lanka) (Respondent) v Secretary of State for the Home Department (Appellant) [2010] UKSC 15
- 2010
- United Kingdom
Topics
Membership in a terrorist organisationLegal bases
Rome Statute of the International Criminal Court United Kingdom: Nationality, Immigration and Asylum Act 2002 Qualification Directive (2004/83/EC) 1951 Geneva Convention Relating to the Status of RefugeesCourts
The Supreme Court (UKSC), United KingdomLaws
Torture, degrading and inhuman and treatment Right of asylumFacts
XX is a 28 year old Sri-Lankan, who in 1992 (aged 10) joined the Liberation Tigers of Tamil Eelam (LTTE). He progressed within the organization, working in the intelligence division. At age 16 he became the leader of a nine man combat unit; at age 18, for three years (2000-2004), he led a mobile unit responsible for transporting military equipment and other members of the intelligence through jungles, and for two and a half months he served as chief security guard to Pottu Amman who was the intelligence divisions leader. In October 2006 the applicant was sent incognito to Colombo, where he was discovered and arrangements were made for him to leave the country. In February 2007 the applicant arrived in the United Kingdom and sought asylum two days later, with a subsidiary application for humanitarian protection based on the fear of mistreatment if returned to Sri Lanka.
Legal grounds
Articles 7, 8, 25, 28 and 30 of the Rome Statute of the International Criminal Court; Article 1F(a) of the Geneva Convention on the Status of Refugees; Article 12(3) of the Qualification Directive; the UK Nationality, Immigration and Asylum Act 2002.
Findings
The initial appeal was refused by reference to article 1F(a) due to the applicant being a voluntary member of LTTE, with reference made to section 83 of Nationality, Immigration and Asylum Act 2002. As a result, the appellant was given six months leave to enter the UK against which the appellant sought judicial review through the Court of Appeal in April 2009. This appeal was quashed by the Court with reference to Article 28 of the Rome Statute of International Criminal Court (ICC Statute). The applicant appealed to the Supreme Court, who ordered that the asylum should be reconsidered by the Secretary of State as the applicant’s membership of LTTE is not enough to establish whether he committed war crimes. This decision was made in reference to Articles 7, 8, 25 and 30 of the Roman Statute of the International Criminal Court.