R (Al Rawi) v. Secretary of State for Foreign and Commonwealth Affairs

Guy Goodwin-Gill was counsel for the United Nations High Commissioner for Refugees (UNHCR) as Intervener in this case before the Court of Appeal, which involved two British recognized refugees detained in Guantanamo. Among other points, it was argued that the United Kingdom had the right in international law to intervene with the USA and to exercise protection on behalf of recognized resident refugees, given that both States are party to the 1967 Protocol relating to the Status of Refugees; that the refugees’ possession of valid British-issued refugee passports entitled them to return to the UK; and that any security considerations should be examined in accordance with established procedures, but only after the refugees’ return. The appeal to the House of Lords was withdrawn after the Government agreed to intervene and allow return.