Immigration: Offenders

(asked on 21st November 2017) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 13 November 2017 to Question 112540 on Immigration, what categories of crime other than crimes against humanity are used by her Department to assess an applicant's participation in an international crime.


Answered by
Brandon Lewis Portrait
Brandon Lewis
This question was answered on 27th November 2017

Where there are serious reasons for considering that an individual has committed a war crime, crime against humanity or genocide bringing them within the scope of Article 1F or Article 33(2) of the Refugee Convention, they are not eligible for discretionary leave or indefinite leave. If they cannot be removed from the UK due to a human rights barrier, they may be granted a limited period of leave to remain under the Restricted Leave policy. The Restricted Leave policy is available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/575522/Restricted-leave-v2.pdf.

We are unable to publish details specific to international crimes as the numbers are so small that this could lead to individuals being identified publicly, in breach of our Data Protection Act obligations.

For the purposes of the Refugee Convention, detailed definitions of war crimes and crimes against humanity are contained in Articles 6, 7 and 8 of the International Criminal Court (Rome) Statute which has been incorporated into UK law by the International Criminal Court (ICC) Act 2001. This is available at: http://www.legislation.gov.uk/ukpga/2001/17/contents.

Guidance on applying this in asylum cases is set out for decision makers in the Home Office policy instruction on Exclusion (Article 1F) and Article 33(2) of the Refugee Convention available at: https://www.gov.uk/government/publications/asylum-instruction-exclusion-article-1f-of-the-refugee-convention.

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