Excluding Undeserving Claimants: New Zealand’s Interpretation of Art 1F(C) Refugee Convention

41 Pages Posted: 17 May 2015 Last revised: 19 May 2015

See all articles by Abby Ward

Abby Ward

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2013

Abstract

This paper reviews New Zealand judicial interpretation of the “acts contrary to the purposes and principles of the United Nations” as stated in art 1F(c) Refugee Convention, in the light of subsequent foreign jurisprudence. Article 1F excludes claimants from gaining refugee status under the Convention if there are “serious reasons for considering” they have committed a proscribed act. The ambiguous ambit of art 1F(c) had attracted little jurisprudence before the New Zealand authority’s 1995 decision in Refugee Appeal 2338/94. However, art 1F(c) jurisprudence has significantly increased in the face of new global issues such as terrorism, and an expanding United Nations mandate. This paper aims to aid future New Zealand courts in art 1F(c) cases, by assessing Refugee Appeal 2338/94 in light of the Canadian Supreme Court decision in Pushpanathan v Canada and the United Kingdom Supreme Court decision in Al Sirri and DD v Secretary of State for the Home Department.

Keywords: Refugee Convention, Pushpanathan v Canada, Judicial Interpretation

JEL Classification: K10, K30, K40

Suggested Citation

Ward, Abby, Excluding Undeserving Claimants: New Zealand’s Interpretation of Art 1F(C) Refugee Convention (2013). Victoria University of Wellington Legal Research Paper Series, Student/Alumni Paper No. 13. Available at SSRN: https://ssrn.com/abstract=2601892

Abby Ward (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, 6140
New Zealand

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