4 Conclusion
37. We conclude that, on a proper interpretation
of Article 33(2) of the Refugee Convention, the Order as drafted
is incompatible with that provision because it includes within
its scope a number of offences which do not amount to "particularly
serious crimes" within the meaning of Article 33(2). In our
view the Order is therefore ultra vires the order-making power.
We also have concerns about the compatibility of s. 72 of the
2002 Act itself with the Refugee Convention. We draw these matters
to the attention of each House.
38. We have written to the Minister of State at the
Home Office asking him a number of questions about the human rights
compatibility concerns we have about the Order.[33]
We may return to the matter in a future report in light of the
Minister's answer.
33 Appendix 2 Back
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