Terrorism and exclusion from refugee status in the UK : asylum seekers suspected of serious criminality / By Sarah Singer.
2015
KD8039 .S56 2015 (Map It)
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Details
Title
Terrorism and exclusion from refugee status in the UK : asylum seekers suspected of serious criminality / By Sarah Singer.
Published
Boston : Brill Nijhoff, 2015.
Call Number
KD8039 .S56 2015
ISBN
9789004292079 (hardback : alk. paper)
9004292071 (hardback : alk. paper)
9789004292062 (e-book : alk. paper)
9004292071 (hardback : alk. paper)
9789004292062 (e-book : alk. paper)
Description
pages cm.
System Control No.
(OCoLC)902854298
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgements
ix
Table of Cases
xi
Table of Treaties and Other Instruments
xvi
Table of Materials
xx
List of Figures and Tables
xxiv
List of Acronyms
xxvi
Introduction
1
1.
Introduction
11
1.
What is Terrorism?
15
2.
Article 1F and Terrorism
19
3.
Methodology
23
2.
Interpreting Article 1F
26
1.
The Vienna Rule and the Interpretation of Human Rights Treaties
28
1.1.
The Vienna Rule on Treaty Interpretation
28
1.2.
The Interpretation of Human Rights Treaties
36
2.
The Interpretation of Article 1F in the U K
39
2.1.
The Search for an Autonomous Meaning
41
2.2.
Dynamic Interpretation
43
2.3.
The Principle of Restrictive Interpretation
50
3.
Conclusions
52
3.
Terrorism as a Crime against Peace, a War Crime, a Crime against Humanity or a Serious Non-political Crime
54
1.
Terrorism as a Crime against Peace, a War Crime or a Crime against Humanity
55
1.1.
Terrorism as a Crime against Peace
60
1.2.
Terrorism as a War Crime
62
1.3.
Terrorism as a Crime against Humanity
64
1.4.
Conclusions on Article 1F(a) Crimes
66
2.
Terrorism as a Serious Non-political Crime
69
2.1.
Terrorism as a Non-political Crime
72
2.2.
Terrorism as a Serious Crime
76
2.3.
Conclusions on Article 1F(b) Crimes
83
3.
Conclusions
83
4.
Terrorism as Acts Contrary to the Purposes and Principles of the United Nations
85
1.
The Early Cases
89
2.
The UK's Domestic Definition of Terrorism, the EU Qualification Directive and the Court of Appeal
97
3.
The Supreme Court's Judgment in Al-Sirri
104
4.
Action against un Mandated Forces as Acts Contrary to the Purposes and Principles of the United Nations
114
5.
Conclusions
120
5.
Responsibility and Membership of a Terrorist Organisation
123
1.
The Gurung Doctrine
127
2.
The Problems in Identifying an `Extreme Terrorist Organisation'
130
3.
Towards Convergence with International Criminal Law
135
4.
International Criminal Law and the Gurung Doctrine
139
5.
International Criminal Law and Lord Brown's Formulation of Article 1F Responsibility
145
6.
Conclusions
148
6.
The Application of Article 1F
150
1.
When Article 1F is Raised
151
2.
The Limb of Article 1F That is Relied upon
157
2.1.
The Limb of Article 1F Relied upon by the Secretary of State
157
2.2.
The Limb of Article 1F Raised by Immigration Judges
164
2.3.
The Limb of Article 1F Relied upon in Relation to Suspected Terrorists
165
3.
How Often Article 1F is Raised
172
3.1.
How Often Article 1F is Raised in Relation to Suspected Terrorists
178
4.
The Increase in the Application of Article 1F
179
4.1.
Factors Relevant to the Increase in the Application Article 1F
186
5.
Who is Being Excluded under Article 1F
193
6.
Conclusions
198
7.
The Exclusion Process
200
1.
The Exclusion Decision
201
1.1.
The Referral Process
201
1.2.
The Collation of Evidence
204
2.
The Consequences of Exclusion
214
2.1.
The Relevance of Article 1F for Removal
214
2.2.
Excluded. Individuals in the UK
218
2.3.
The Right to Appeal
221
3.
The Appeal
223
3.1.
Appeal to the Tribunal
223
3.2.
Appeal to the SIAC
235
4.
Conclusions
238
Conclusions
240
Bibliography
247
Books and Monographs
247
Chapters and Articles
248
Index
253