SECTION 31 OF IMMIGRATION AND ASYLUM ACT 1999
AND ARTICLE 31 OF THE 1951 REFUGEE CONVENTION
1. The previous guidance on the application of section 31 of the Immigration
and Asylum Act 1999 has been withdrawn and is under review.
2. The following is therefore interim guidance in respect of Article 31 of the 1951 UN
Convention Relating to the Status of Refugees (the Refugee Convention) and the
provisions and purpose of section 31 of the 1999 Act.
Article 31 of the Refugee Convention
3. Article 31 provides that refugees should not have any penalties imposed upon
them as a consequence of illegally entering or being present in the country of refuge
illegally in order to seek sanctuary, provided that:
• they travel to the country of refuge directly from the territory where they fear
persecution;
• present themselves to the domestic authorities without delay; and
• show good cause for their illegal entry or presence.
4. The text of Article 31 is as follows:
31(1) “The Contracting States shall not impose penalties, on account of their
illegal entry or presence, on refugees who, coming directly from a territory
where their life or freedom was threatened in the sense of Article 1, enter or
are present in their territory without authorisation, provided they present
themselves without delay to the authorities and show good cause for their
illegal entry or presence.
31(2) The Contracting States shall not apply to the movements of such
refugees restrictions other than those which are necessary and such
restrictions shall only be applied until their status in the country is regularised
or they obtain admission into another country. The Contracting States shall
allow such refugees a reasonable period and all the necessary facilities to
obtain admission into another country.”
5. Article 31(1) does not give a definition of penalties, but the drafters of the
Convention appear to have had in mind measures such as prosecution, fine and
imprisonment. Article 31(2) allows for administrative detention where it is necessary
to investigate the circumstances of entry or to obtain further information in respect of
their right to remain in the United Kingdom.
Section 31 of the Immigration and Asylum Act 1999
6. Section 31 affords a refugee, who has presented himself to the UK authorities
