29 March 2012
R (on the application of ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12, [2012] All ER (D) 149 (Mar)
The word “lawfully” in Art 32(1) of the Geneva Convention relating to the status of refugees had to be taken to refer to what was to be treated as lawful according to the domestic laws of the contracting state. There was nothing in Art 32(1) of the Convention which required s 11(1) of the Immigration Act 1971 to be disapplied. It followed that a refugee, who was given temporary admission pending determination of her status, was not lawfully in the UK.
