Guidance: Section 31 Immigration and Asylum Act 1999: caseworker guidance

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Uk Visas Immigration

January 9

16:21 2024

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Section 31 Immigration and Asylum Act 1999: defence against prosecution (accessible)

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Section 31 Immigration and Asylum Act 1999: defence against prosecution

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UK Visas and Immigration guidance for staff on:

general advice on prosecution in asylum cases
referring cases to the Crown Prosecution Service for charging advice in cases where the suspect has also claimed asylum
the defence section 31 of the Immigration and Asylum Act 1999 provides
Article 31 of the Refugee Convention 1951 on which this defence is based
the House of Lords judgment in the case of Asfaw, which set out how article 31 and section 31 are to be interpreted
the procedures you must follow when dealing with section 31 cases

Published 22 April 2014
Last updated 9 January 2024 +show all updates

9 January 2024
Updated to include a new chapter on legal and judicial interpretation of Section 31, updated links and style changes.
21 May 2015
Updated guidance.
22 April 2014
First published.

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