Joint Committee On Human Rights Twenty-Second Report

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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