Immigration Law

Tutorial 3
International protection 1

Reading:
Seminar 6 material and cases
Also Immigration Act 2014 s15
Questions:
1. What are the main sources of the international law on humanitarian protection?
2. How are these incorporated into UK law?
3. What are the procedural protections offered to asylum seekers?
4. What the main rights of refugees?
Scenario:

Amina is a woman from Afghanistan who arrived in the UK via Iran, Turkey and France. She hid in a
lorry and arrived in London. She claimed asylum at the Home Office. She was detained and
prosecuted for illegal entry. She was interviewed by an official without an interpreter or a lawyer. She
does speak some English. Her case was that she was unable to work or study in Afghanistan because
of discrimination against women in her area. She had also been threatened by the Taliban for speaking
out on this issue. She went to the local police force. They offered to help but their resources were
limited. They could not guarantee her safety but did investigate the threats. She did get support from
local British troops who escorted her when she left home on several occasions. She explained that she
could not afford to live in Kabul, the capital, and that as a single woman, no one would rent her
accommodation anyway. She would be forced to return to her village. The interviewer did not gather
all the facts because of Aminas poor English.
The Home Office refuse her saying she does not fear persecution and/or that she could relocate.

Advise on the procedural and substantive issues.

Would your answer differ if Amina admitted that she had worked as a terrorist organiser for Al Quaida
in Afghanistan?