Admission of Refugees

Abstract

Refugee work is central to human rights activities in the United Kingdom, which has traditionally been looked to as a country of asylum. A refugee is defined by article 1 of the 1951 UN Convention on Refugees as

a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.²

Unlike other migrants, the refugee makes a particular moral demand on the country from which he seeks asylum, since he claims to have nowhere else to go.

Mr K., a South African, applied for asylum at the port of entry. He was interviewed at least three times by two different immigration officers. He was refused and was told that he would be returned to South Africa within 24 hours. A South African organisation contacted UKIAS, which interviewed him at length. Eventually after much negotiation and some publicity he was permitted to remain in the UK as a refugee. The official interviews failed to clarify his actual status, and he was in danger of refoulement. The intervention of outside bodies had been a matter of chance.

Mr A was to be deported for having contracted a marriage of convenience. He appealed explaining that he feared persecution. The Home Office did not investigate his fears, and instead simply stated that he had produced no proof. It is the view of UKIAS and of the UNHCR that he almost certainly is a refugee. He is at present in prison while the Home Office reconsider his case. They have refused to release him.

Mr N sought asylum at the port of entry. He was interviewed on board a vessel of the country from which he was seeking asylum, and apparently informed that he could be interviewed in English or remain on board ship until an interpreter could be found. He chose English, although he speaks it poorly. He was refused asylum and held in jail. His appeal was dismissed. Eventually he became so distressed at his reception that he gave up and asked to be allowed to go to a third country.

Case-studies from An Outline of the Current Procedures for Refugees and Asylum-Seekers in the UK, UKIAS, June 1977