XX (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 54
- 2012
- United Kingdom
Topics
Terrorism propaganda Terrorism financingLegal bases
United Kingdom: The Terrorism Act 2000 United Kingdom: Nationality, Immigration and Asylum Act 2002 1951 Geneva Convention Relating to the Status of RefugeesCourts
The Supreme Court (UKSC), United KingdomLaws
Right of asylumFacts
Mr. XX is a citizen of Egypt who claimed asylum in the United Kingdom in April 1994. The applicant’s claim was turned down (refused) in October 2000 on the ground of article 1F(c) of the Geneva Convention on the Status of Refugees, after being found guilty of acts contrary to the purposes and principles of the United Nations. As a result, the applicant was granted discretionary leave to enter the United Kingdom for 6 months at a time. The appellant exercised his right under section 83 of the Nationality, Immigration and Asylum Act 2002 to appeal against the refusal of asylum. In August 2007 the applicant’s appeal was dismissed by the Asylum and Immigration Tribunal. The applicant appealed to the Court of Appeal who set aside the Tribunal’s decision and remitted the case to be determined afresh by a different tribunal on the basis of admissible evidence. The Secretary of State highlighted the reasons to the Supreme Court for considering that the appellant has been guilty of acts contrary to article 1F(c). The appellant had previously been taken to court for the charges of conspiracy to murder General Masoud in September 2001, which was dismissed due to lack of evidence. In addition, the applicant was found in possession of and had contributed to books connected with Al Qaeda and other organizations proscribed under the Terrorism Act 2000 and also in Canada, the United States and the European Union by council common position (2005/936/CFSP). The appellant was in possession of an unpublished Arabic manuscript by Ayman Al-Zawahiri, a former leader of the Egyptian Islamic Jihad as well as books and videos relating to Osama Bin Laden and Al-Qaeda; he had also transferred money to and from foreign countries greater than his known income could explain. The applicant appealed to the Supreme Court challenging the approach of the Court of Appeal to the interpretation of Article 1F(c).
Legal grounds
Article 1F(c) of the Geneva Convention on the Status of Refugees; Section 83 of the Nationality, Immigration and Asylum Act 2002; Terrorism Act 2000.
Findings
The appeal was dismissed by the Supreme Court in November 2012. Under Article 1F(c), the case involved crimes capable of affecting international peace and security. The case has been remitted to the relevant Tribunal for reconsideration in accordance with the order of the court of appeal.