AH (Algeria) v Secretary of State for the Home Department

The Appellant appealed against the decision of the Upper Tribunal to uphold the decision of the Secretary of State to exclude him from the provisions of the 1951 Refugee Convention by virtue of the operation of Article 1F(b) of that treaty which excludes from refugee status any person with respect to whom there are serious reasons for considering that he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee. The Appellant had been convicted of a crime by the French Cour d’Appel and served the required sentence.  His appeal concerned the proper test for a “serious” non-political crime; whether the Upper Tribunal had found facts sufficient to show the necessary degree of personal involvement by the Appellant in serious crime to justify exclusion; and whether his conduct since the commission of the offence could operate to expiate his discredit and prevent his exclusion under Article 1F(b). The Court of Appeal held that “serious” crime denoted especially grave offending; the Upper Tribunal had found sufficient facts to show the necessary degree of personal involvement; and there was no proper basis for reading in a role for expiation into Article 1F(b).

The full judgment can be read here:  http://www.bailii.org/ew/cases/EWCA/Civ/2015/1003.html
 
Naina Patel acted for the Appellant. Michael Fordham QC and Jason Pobjoy acted for UNHCR.