Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

The Sovereign Base Areas in Cyprus are a continuation of the former Colony of Cyprus, not a new political entity; therefore, the UK's obligations under the 1951 Refugee Convention continued to apply to the SBAs after Cypriot independence. The claimants are not estopped from raising this issue in English judicial review proceedings. The Secretary of State's decision was flawed for failing to consider relevant UNHCR representations.

Citation
[2017] EWCA Civ 397
Parties
Appellants/cross Respondents: Tag Eldin Ramadan Bashir & Others; Respondent/cross Appellant: Secretary of State for the Home Department; Interested Party: Sovereign Base Area Authority
Jurisdiction
England and Wales
Judgment Date
25 May 2017
Procedural Posture
Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Application of Refugee Convention to Overseas Territories, Issue Estoppel in Judicial Review, Interpretation of International Treaties, Obligations Under the Refugee Convention, Discrimination Under ECHR, EU Charter Applicability to Overseas Territories
Public International Law Immigration Law Human Rights Law European Union Law Application of Refugee Convention to Overseas Territories Issue Estoppel in Judicial Review Interpretation of International Treaties Obligations Under the Refugee Convention +2 more

Case Brief

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Parties

Tag Eldin Ramadan Bashir & Others

Appellants/cross Respondents

Secretary of State for the Home Department

Respondent/cross Appellant

Sovereign Base Area Authority

Interested Party

Procedural Posture

Judicial Review (administrative Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does the 1951 Refugee Convention apply to the Sovereign Base Areas (SBAs) in Cyprus as a matter of public international law?
  2. 2 Are the claimants estopped from raising the issue due to prior litigation in SBA courts?
  3. 3 Does the Refugee Convention apply by virtue of the Launder principle?

Ratio Decidendi

The Sovereign Base Areas in Cyprus are a continuation of the former Colony of Cyprus, not a new political entity; therefore, the UK's obligations under the 1951 Refugee Convention continued to apply to the SBAs after Cypriot independence. The claimants are not estopped from raising this issue in English judicial review proceedings. The Secretary of State's decision was flawed for failing to consider relevant UNHCR representations.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Declaration that the Refugee Convention applies to the SBAs as a matter of public international law
  • Secretary of State's decision of 25 November 2014 quashed for failure to consider UNHCR representations