Court of Appeal considers UK’s obligations to family members recognised as refugees


Re: Secretary of State for the Home Department v JS (Uganda) [2019] EWCA Civ 1670

The Court of Appeal’s judgment concerns the nature and scope of the obligations owed to individuals who have been recognised as refugees on the basis of their family relationship with a person who has already been granted asylum in the UK, rather than any individualised fear of persecution in their home country.

The Court considered, in particular, whether individuals in this position are owed obligations under the 1951 Refugee Convention; and, if so, under what circumstances their status may be ceased under Article 1C(5) (on the basis that the circumstances in connection with which they were recognised as a refugee had ceased to exist). The Court did not find it necessary to consider whether analogous obligations were owed as a matter of domestic public law.

Raza Husain QC and Eleanor Mitchell were involved in this case.