Question Author
NJ \You seem to have neglected a bit of it:\
LOL... It is abundantly clear you did not read fully my post >12.43
NJ \Note: "...coming directly from a territory where their life or freedom was threatened"\
LOL... Make no mistake, not only was it noted, I published it in >12.43
Make a note too, that there is no obligation for a refugee to claim asylum in the first country they flee to.
Given all the resources at their disposal, it can still take years for the authorities to ascertain the refugee status of an individual.
I think it is fair to say, you're the least qualified person to determine whether someone making a perilous crossing in a rubber dinghy is fleeing from persecution or not!
NJ \The UN seems recently to have unilaterally declared that people spending weeks if not months roaming across Europe finally to arrive in the destination of their choice, are deemed to have come "directly" from a place where they were under threat\
LOL... Do keep up! It's not just the UN, think closer to home!
Firstly let me remind you again of my post >12.43 - Article 31 of the Convention protects refugees against prosecution for illegal entry to a receiving country:
"The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence."
The above was recognised by the courts in England and Wales. In the landmark case R v Uxbridge Magistrates Court (ex parte Adimi) [1999] Imm AR 560 Lord Justice Simon Brown held that
refugees did not have to claim asylum in countries through which they pass to reach safety in order to be protected by Article 31:
"… I am persuaded by the applicants’ contrary submission, drawing as it does on the travaux préparatoires, various Conclusions
adopted by UNHCR’s Executive Committee (‘ExCom’), and the writings of well-respected academics and commentators
(most notably Professor Guy Goodwin-Gill, Atle Grahl-Madsen, Professor James Hathaway, & Dr Paul Weis), that some element
of choice is indeed open to refugees as to where they may properly claim asylum."
I'm afraid precedents had already been set. Whether they come from France, Andromeda or planet Zog, anyone who makes it to these shores has a legitimate claim to asylum!!
Sadly, although I guess you already know, your rhetoric serves to encourage the far right. Perhaps that's where you allegiances lie??