Clayton: Textbook on Immigration & Asylum Law 3e
Chapter 14
1. Why does the Refugee Convention exclude from protection those who have committed a serious non-political crime? Is there still a justification for limiting this exclusion to non-political crimes? What would be the effect of excluding people from protection for any serious crime?
A. The reasons for this are readily found in case law such as T and Pushpanathan. This question is unlikely to need a great deal of research.
B. The second part of the question invites discussion of the difference between political and non-political crimes. When the crime is serious, is there really a difference? (see T)
C. Discuss how s.54 Immigration Asylum and Nationality Act 2006 opens this question far wider than before.
2. Why might an asylum seeker travel on a false document?
The reasons are easily ascertainable from reading this chapter.
3. The offence under s 2 of the 2004 Act is committed in transit to or on arrival in the UK. How is its deterrent effect achieved?
This is another 'thought bubble' type question - something to have in mind when you are reading about s.2 and its effect.


