Pepushi, R (on the application of) v Crown Prosecution Service

Pepushi, R (on the application of) v Crown Prosecution Service

Section 31 of the Immigration and Asylum Act 1999 defines the scope of the defence available to refugees in criminal proceedings for document offences, and its scope is narrower than Article 31 of the Refugee Convention as interpreted in Adimi. The court is bound to apply section 31, not the broader Article 31, and there is no legitimate expectation of broader protection. Judicial review is not the appropriate procedure to challenge the decision to prosecute in these circumstances; the proper forum is the criminal court.

Parties
Claimant: Gjovalin Pepushi; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
11 May 2004
Procedural Posture
Judicial Review / Substantive Judgment on Application for Judicial Review
Outcome
Application dismissed
Legal Topics
Judicial Review of Prosecution Decision, Refugee Convention Article 31, Immigration and Asylum Act 1999 Section 31, Legitimate Expectation, Abuse of Process
Criminal Law Immigration Law International Law Judicial Review of Prosecution Decision Refugee Convention Article 31 Immigration and Asylum Act 1999 Section 31 Legitimate Expectation Abuse of Process

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Parties

Gjovalin Pepushi

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Substantive Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether section 31 of the Immigration and Asylum Act 1999 precludes reliance on Article 31 of the Refugee Convention as interpreted in R v Uxbridge Magistrates’ Court ex parte Adimi
  2. 2 Whether judicial review is the appropriate procedure to challenge the decision to prosecute in these circumstances

Ratio Decidendi

Section 31 of the Immigration and Asylum Act 1999 defines the scope of the defence available to refugees in criminal proceedings for document offences, and its scope is narrower than Article 31 of the Refugee Convention as interpreted in Adimi. The court is bound to apply section 31, not the broader Article 31, and there is no legitimate expectation of broader protection. Judicial review is not the appropriate procedure to challenge the decision to prosecute in these circumstances; the proper forum is the criminal court.

Court Disposition

Application dismissed

Orders

  • Stay on prosecution lifted
  • Application for judicial review dismissed