Refugee Definition Review

Asylum - Definition of Refugee - Need for
Protection not Hospitality
AA v Secretary of State for the Home Department;
LK v Same [2006] EWCA Civ 401
CA
12 April 2006
Daily Law Notes Report Summary
It was critical to the definition of a "refugee", and indeed to
the scope of the international protection which the Refugee
Convention required to be afforded, that a well-founded fear of
persecution should be the reason why a candidate was outside the
country of his nationality. That was plain from the very purpose
of the Convention, which was to impose on state parties a duty to
protect persons within their borders who could not return to their
country of nationality for fear of being persecuted there. It was
not to impose a duty of hospitality to persons who, if they chose,
could return home with no risk whatever of being persecuted.