Guidance

Section 31 Immigration and Asylum Act 1999: caseworker guidance

Immigration staff guidance on considering the defence against criminal prosecution available to genuine asylum seekers.

From:
UK Visas and Immigration
Published
22 April 2014
Last updated
9 January 2024 — See all updates

Documents

Section 31 Immigration and Asylum Act 1999: defence against prosecution (accessible)

HTML

Section 31 Immigration and Asylum Act 1999: defence against prosecution

PDF, 229 KB, 25 pages

This file may not be suitable for users of assistive technology.

Request an accessible format.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email alternativeformats@homeoffice.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Details

UK Visas and Immigration guidance for staff on:

  • general advice on prosecution in asylum cases
  • referring cases to the Crown Prosecution Service for charging advice in cases where the suspect has also claimed asylum
  • the defence section 31 of the Immigration and Asylum Act 1999 provides
  • Article 31 of the Refugee Convention 1951 on which this defence is based
  • the House of Lords judgment in the case of Asfaw, which set out how article 31 and section 31 are to be interpreted
  • the procedures you must follow when dealing with section 31 cases
Published 22 April 2014
Last updated 9 January 2024 + show all updates

  1. Updated to include a new chapter on legal and judicial interpretation of Section 31, updated links and style changes.

  2. Updated guidance.

  3. First published.

Related content