European Roma Rights Centre & Ors v Immigration Officer At Prague Airport & Anor

European Roma Rights Centre & Ors v Immigration Officer At Prague Airport & Anor

The Court of Appeal (majority) held that the UK’s pre-clearance scheme at Prague Airport did not violate the Refugee Convention or customary international law, as the Convention does not require states to admit asylum seekers or refrain from impeding their arrival. The scheme did not breach the immigration rules, as seeking asylum is not a purpose covered by the rules for entry clearance abroad. The majority further held that the scheme did not constitute direct racial discrimination against Roma, as the less favourable treatment was not on racial grounds but due to legitimate concerns about covert asylum-seeking. The appeal was dismissed.

Parties
Appellants: European Roma Rights Centre & Others; Respondents: The Immigration Officer at Prague Airport & The Secretary of State for the Home Department; Intervener: The United Nations High Commissioner for Refugees
Jurisdiction
England and Wales
Judgment Date
20 May 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division Administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Asylum, Non Refoulement, Race Discrimination, Immigration Control, Interpretation of International Treaties
Immigration Law International Law Human Rights Law Discrimination Law Asylum Non Refoulement Race Discrimination Immigration Control +1 more

Case Brief

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Parties

European Roma Rights Centre & Others

Appellants

The Immigration Officer at Prague Airport & The Secretary of State for the Home Department

Respondents

The United Nations High Commissioner for Refugees

Intervener

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division Administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the UK’s pre-clearance immigration control at Prague Airport violates international obligations under the 1951 Refugee Convention and Protocol
  2. 2 Whether the scheme constitutes direct racial discrimination against Roma under the Race Relations Act 1976
  3. 3 Whether the immigration rules were breached by refusing leave to enter to Roma seeking asylum

Ratio Decidendi

The Court of Appeal (majority) held that the UK’s pre-clearance scheme at Prague Airport did not violate the Refugee Convention or customary international law, as the Convention does not require states to admit asylum seekers or refrain from impeding their arrival. The scheme did not breach the immigration rules, as seeking asylum is not a purpose covered by the rules for entry clearance abroad. The majority further held that the scheme did not constitute direct racial discrimination against Roma, as the less favourable treatment was not on racial grounds but due to legitimate concerns about covert asylum-seeking. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Permission to appeal to the House of Lords granted