Case details

R (on the application of Tag Eldin Ramadan Bashir and others) (AP) (Respondents) v Secretary of State for the Home Department (Appellant) and another

Case ID: UKSC 2017/0106

Case summary

Issue(s)

Whether the 1951 Convention relating to the Status of Refugees and the 1967 Protocol extend to the UK’s Sovereign Base Areas of Akrotiri and Dhekelia; and, if so, whether the Appellant is required to admit the Respondents to the United Kingdom for settlement.

Facts

The Respondents are refugees who arrived in the Sovereign Base Areas (SBAs) in 1998. In 1999-2000 the respondents were recognised as refugees under the Refugee Convention.

In 2013, the Respondents asked to be admitted to the United Kingdom. In a decision dated November 2014, the Secretary of State refused entry. The Respondents challenged that decision on the basis that it was inconsistent with the Refugee Convention.

The High Court held that the Refugee Convention did not extend to the SBA’s, but quashed the Secretary of State’s decision on the basis that she had failed to take into account concerns raised by the UN High Commissioner for Refugees.

The Court of Appeal overturned this decision, declared that the Refugee Convention does extend to the SBAs and directed the Secretary of State to make a fresh decision on whether to admit the Respondents to the UK, having regard to the United Kingdom’s obligations under the Refugee Convention.

On 6 July 2017, the Secretary of State made a fresh decision. The Secretary of State refused to admit the Respondents on the basis that the Secretary of State considered that the Respondents could resettle in the Republic of Cyprus or, alternatively, remain in the SBAs and access public services and welfare from the Republic of Cyprus.

Judgment appealed

[2017] EWCA Civ 397

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)
  1. Tag Eldin Ramadan Bashir
  2. Kameran Farhad Amin
  3. Adel Mohammed Ahmed

Appeal

Justices

Lady Hale, Lord Mance, Lord Kerr, Lord Wilson, Lord Sumption, Lord Reed, Lord Carnwath

Hearing start date

18 Dec 2017

Hearing finish date

19 Dec 2017