In re B (FC) (Appellant) (2002). Regina v. Special Adjudicator, Ex parte Hoxha (FC)

On appeal from [2002] EWCA Civ 1403. The Convention relating to the Status of Refugees 1951 (United Nations) Art.1C(5) and the proviso to it could not be relied on before it had been determined whether an asylum seeker was entitled to refugee status under Art.1A(2), and in any event the proviso only applied to "statutory refugees" under Art.1A(1) to which it expressly referred and there was no general practice of states to apply the proviso to all refugees.