The Treatment of Asylum Seekers in the UK

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Notes

1. The UK's protection obligations arise via the Convention Relating to the Status of Refugees, 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954), as amended by the Protocol relating to the Status of Refugees, 16 December 1966, G.A. res. 2198 (XXI) (entered into force 4 October 1967). The Refugee Convention was given primacy in domestic law via s 2 of the Asylum and Immigration Appeals Act 1993. Additionally, the European Convention on Human Rights 4 November 1950 (entered into force 3 September 1953) was given ‘further effect’ by the Human Rights Act 1998.

2. The term ‘public’ law embraces constitutional, administrative and human rights law.

3. Changes were made to the Immigration Rules (HC 395) (new Part 11B) and Asylum Support Regulations (SI 2000/704) (see Asylum Support (Amendment) Regulations (SI 2005/11)) to ensure compliance with the Directive. Also, new regulations were introduced, the Asylum Seekers (Reception Conditions) Regulations 2005 (SI 2005/7). All these changes came into force on 5 February 2005.

4. See NASS Policy Bulletin 75 via ⟨www.ind.homeoffice.gov.uk⟩. Accessed 19 January 2007.

5. Convention on the Rights of the Child, 20 November 1989, GA res. 44/25 (entered into force 2 Sept. 1990).

6. See Legal Action (March 2006) ‘Asylum Support: Is Repeal of s 9 Imminent?’ p. 4. Thanks to Sue Willman (Pierce Glynn solicitors) for further details about R (K).

7. See ⟨http://asp.hothammission.org.au⟩. Accessed 2 July 2007.

8. Home Office, IND ⟨www.ind.homeoffice.gov.uk/lawandpolicy/communityactivities/pilotscheme⟩. Accessed 2 July 2007.

9. See R (Rasul) v Asylum Support Adjudicator and ors [2006] EWHC 435.

10. Amending the National Health Service (Overseas Visitors) Regulations 1989 (SI 1989/306).

11. International Covenant on Civil and Political Rights, 16 December 1966, G.A. res. 2200A (XXI), (entered into force 23 March 1976).

12. Table of Entitlement to NHS Treatment ⟨www.dh.gov.uk/assetRoot/04/13/33/33/04133333.pdf⟩. Accessed 19 January 2007.

13. G.A. res. 217 A(III), 10 December 1948.