Family Allowances, National Insurance and Industrial Injuries (Refugees) Order, 1956
| Jurisdiction | UK Non-devolved |
| Citation | SI 1956/1698 |
| Year | 1956 |
(1) This Order may be cited as the Family Allowances, National Insurance and Industrial Injuries (Refugees) Order, 1956, and shall come into operation on the seventh day of November, 1956.(2) The Interpretation Act, 1889, applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.Those provisions contained in the Convention which are set out in the First Schedule hereto shall have full force and effect, so far as the same relate to England, Wales and Scotland and provide by way of agreement with the governments of the States specified in the Second Schedule hereto for reciprocity in any matters specified in either subsection (1) of section 64 of the National Insurance Act, 1946, as extended by subsection (1) of section 4 of the Family Allowances and National Insurance Act, 1956, or subsection (1) of section 85 of the National Insurance (Industrial Injuries) Act, 1946 (which subsections relate to reciprocal agreements with other governments) , and the Family Allowances Acts, 1945 to 1956, the National Insurance Acts, 1946 to 1956, and the National Insurance (Industrial Injuries) Acts, 1946 to 1956, shall have effect subject to such modifications as may be required therein for the purpose of giving effect to any such provisions. (A) For the purposes of the present Convention, the term “refugee” shall apply to any person who— shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national. “events occurring in Europe before January 1, 1951” ; or“events occurring in Europe or elsewhere before January 1, 1951” ;Any Contracting State which has adopted alternative (a) may at any time extend its obligations by adopting alternative (b) by means of a notification addressed to the Secretary-General of the United Nations.He has voluntarily re-availed himself of the protection of the country of his nationality; orHaving lost his nationality, he has voluntarily re-acquired it; orHe has acquired a new nationality, and enjoys the protection of the country of his new nationality; orHe has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; orHe can no longer, because the circumstances in connexion with which he has been recognised as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;Provided that this paragraph shall not apply to a refugee falling under section A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;Being a person who has no nationality he is, because the circumstances in connexion with which he has been recognised as a refugee have ceased to exist, able to return to the country of his former habitual residence;Provided that this paragraph shall not apply to a refugee falling under section A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.(D) This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance.When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.(E) This Convention shall not apply to a person who is recognised by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;he has been guilty of acts contrary to the purposes and principles of the United Nations.(3) The Contracting States shall extend to refugees the benefits of agreements concluded between them, or which may be concluded between them in the future, concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security, subject only to the conditions which apply to nationals of the States signatory to the agreements in question.(1) This Convention shall be opened for signature at Geneva on July 28, 1951, and shall thereafter be deposited with
- (1) Has been considered a refugee under the Arrangements of May 12, 1926, and June 30, 1928, or under the Conventions of October 28, 1933, and February 10, 1938, the Protocol of September 14, 1939, or the Constitution of the International Refugee Organisation;
- () Decisions of non-eligibility taken by the International Refugee Organisation during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph (2) of this section;
- (2) As a result of events occurring before January 1, 1951, and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
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