SK (Zimbabwe) v Secretary of State for the Home Department

SK (Zimbabwe) v Secretary of State for the Home Department

SK's admitted participation in violent farm invasions, involving severe beatings and burnings as part of a systematic attack on civilians, constituted 'other inhumane acts' of similar character to persecution and forcible transfer under Article 7(1)(k) of the Rome Statute, causing great suffering and serious injury, thus warranting exclusion from refugee status under Article 1F(a) of the Refugee Convention.

Parties
Appellant / Claimant: SK (Zimbabwe); Respondent / Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 June 2012
Procedural Posture
Appeal / Judgment of Court of Appeal on Appeal From Upper Tribunal (immigration and Asylum Chamber)
Outcome
Appeal dismissed
Legal Topics
Crimes Against Humanity, Refugee Exclusion, Interpretation of Rome Statute Article 7(1)(k), Persecution, Forcible Transfer, Serious Injury and Suffering
International Criminal Law Immigration Law Human Rights Law Crimes Against Humanity Refugee Exclusion Interpretation of Rome Statute Article 7(1)(k) Persecution Forcible Transfer +1 more

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Parties

SK (Zimbabwe)

Appellant / Claimant

Secretary of State for the Home Department

Respondent / Defendant

Procedural Posture

Appeal / Judgment of Court of Appeal on Appeal From Upper Tribunal (immigration and Asylum Chamber)

Legal Issues

  1. 1 Whether acts committed by SK constitute 'other inhumane acts' under Article 7(1)(k) of the Rome Statute
  2. 2 Whether the acts are 'of a similar character' to other crimes against humanity
  3. 3 Whether the acts caused 'great suffering or serious injury' as required by Article 7(1)(k)

Ratio Decidendi

SK's admitted participation in violent farm invasions, involving severe beatings and burnings as part of a systematic attack on civilians, constituted 'other inhumane acts' of similar character to persecution and forcible transfer under Article 7(1)(k) of the Rome Statute, causing great suffering and serious injury, thus warranting exclusion from refugee status under Article 1F(a) of the Refugee Convention.

Court Disposition

Appeal dismissed

Orders

  • SK excluded from refugee status under Article 1F(a) of the Refugee Convention