The Refugee or Person in Need of International Protection (Qualification) Regulations 2006

JurisdictionUK Non-devolved
CitationSI 2006/2525

2006 No. 2525

immigration

The Refugee or Person in Need of International Protection (Qualification) Regulations 2006

Made 11th September 2006

Laid before Parliament 18th September 2006

Coming into force 9th October 2006

The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to immigration, asylum, refugees and displaced persons, and in exercise of the powers conferred on him by that section, makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 and shall come into force on 9th October 2006.

(2) These Regulations apply to any application for asylum which has not been decided and any immigration appeal brought under the Immigration Acts (as defined in section 64(2) of the Immigration, Asylum and Nationality Act 20063) which has not been finally determined.

S-2 Interpretation

Interpretation

2. In these Regulations—

“application for asylum” means the request of a person to be recognised as a refugee under the Geneva Convention;

“Geneva Convention” means the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 and the New York Protocol of 31 January 19674;

“immigration rules” means rules made under section 3(2) of the Immigration Act 19715;

“persecution” means an act of persecution within the meaning of Article 1(A) of the Geneva Convention;

“person eligible for humanitarian protection” means a person who is eligible for a grant of humanitarian protection under the immigration rules;

“refugee” means a person who falls within Article 1(A) of the Geneva Convention and to whom regulation 7 does not apply;

“residence permit” means a document confirming that a person has leave to enter or remain in the United Kingdom whether limited or indefinite;

“serious harm” means serious harm as defined in the immigration rules;

“person” means any person who is not a British citizen.

S-3 Actors of persecution or serious harm

Actors of persecution or serious harm

3. In deciding whether a person is a refugee or a person eligible for humanitarian protection, persecution or serious harm can be committed by:

(a) the State;

(b) any party or organisation controlling the State or a substantial part of the territory of the State;

(c) any non-State actor if it can be demonstrated that the actors mentioned in paragraphs (a) and (b), including any international organisation, are unable or unwilling to provide protection against persecution or serious harm.

S-4 Actors of protection

Actors of protection

4.—(1) In deciding whether a person is a refugee or a person eligible for humanitarian protection, protection from persecution or serious harm can be provided by:

(a)

(a) the State; or

(b)

(b) any party or organisation, including any international organisation, controlling the State or a substantial part of the territory of the State.

(2) Protection shall be regarded as generally provided when the actors mentioned in paragraph (1)(a) and (b) take reasonable steps to prevent the persecution or suffering of serious harm by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the person mentioned in paragraph (1) has access to such protection.

(3) In deciding whether a person is a refugee or a person eligible for humanitarian protection the Secretary of State may assess whether an international organisation controls a State or a substantial part of its territory and provides protection as described in paragraph (2).

S-5 Act of persecution

Act of persecution

5.—(1) In deciding whether a person is a refugee an act of persecution must be:

(a)

(a) sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right, in particular a right from which derogation cannot be made under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms6; or

(b)

(b) an accumulation of various measures, including a violation of a human right which is sufficiently severe as to affect an individual in a similar manner as specified in (a).

(2) An act of persecution may, for...

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