Paragraph 327 of the Immigration Rules states that an application for asylum is “a claim by a person to be recognised as a refugee under the Refugee Convention on the basis that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for them to be removed from or required to leave the United Kingdom.”1

Therefore, where refugee status is granted pursuant to paragraph 334 of the Immigration Rules, the UK recognises that expulsion would not be in accordance with the 1951 Refugee Convention. Section 2 of the Asylum and Immigration Appeals Act 1993 provides that nothing in the immigration rules shall lay down any practice that would be contrary to the UK's obligations under the 1951 Refugee Convention.2

Section 1(2) of the Immigration Act 1971 provides that those not having the right of abode in the UK “may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act”.3 Those recognised as refugees are given such permission to live in the UK and will not be expelled while they hold it. Section 10 of the Immigration and Asylum Act 1999 authorises removal of those who require but do not have leave to remain,4 but those granted refugee status hold leave to remain so will not be removed from the UK.

Additionally, section 77 of the Nationality, Immigration and Asylum Act 2002 provides that, while a person’s claim for asylum is pending, they may not be removed from the UK.5

However, UK domestic law provides for refugee status to be ended on the grounds of national security or public order. (NB the termination of this status does not mean that a person ceases to be recognised as a refugee under the 1951 Refugee Convention. However a person’s permission, or “leave” to remain in the UK can be withdrawn.) Paragraph 338A of the Immigration Rules requires a person’s grant of refugee status to be revoked if any of paragraphs 339A, 339AA, 339AB or 339AC apply.

The grounds for ending a person’s refugee status on the grounds of national security or public order can be found in paragraph 339AC. Paragraph 339AC reads as follows:

339AC. This paragraph applies where the Secretary of State is satisfied that: Article 33(2) of the Refugee Convention applies in that:

(i) there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom; or

(ii) having been convicted by a final judgment of a particularly serious crime, the person constitutes a danger to the community of the United Kingdom (see section 72 of the Nationality Immigration and Asylum Act 2002).

Section 72 of the Nationality Immigration and Asylum Act 2002 defines a “particularly serious crime” as one where the perpetrator has received a sentence of 12 months’ imprisonment, or has committed one of certain other specified offences. Section 72 does not allow for the perpetrator to rebut the presumption that their offence was a “particularly serious” one, though it is possible for them to rebut the presumption that they constitute a danger to the community. UNHCR has expressed its concern that section 72 misapplies Article 33(2) of the 1951 Refugee Convention and defines “particularly serious crime” at a level below that envisaged by the Convention, meaning the application of section 72 could result in the removal of protection from refoulement under the 1961 Refugee Convention in circumstances which go beyond the exceptions provided for in Article 33(2).6

The Immigration Rules continue as follows:

339B. When a person’s refugee status is revoked or not renewed any limited or indefinite leave which they have may be curtailed or cancelled.

339BA. Where the Secretary of State is considering revoking refugee status or humanitarian protection in accordance with these Rules, the following procedure will apply. The person concerned shall be informed in writing that the Secretary of State is reconsidering their qualification for refugee status or humanitarian protection and the reasons for the reconsideration. That person shall be given the opportunity to submit, in a personal interview or in a written statement, reasons as to why their refugee status or humanitarian protection should not be revoked. If there is a personal interview, it shall be subject to the safeguards set out in these Rules.

The provisions of Article 33(2) of the Refugee Convention, removing the prohibition on refoulement where an individual represents a danger to national security or to the community, do not affect other non-refoulement obligations under regional and international human rights law to which the UK is party, which permit no exceptions. Therefore, where refugee status is revoked in this way and there is a risk of refoulement, or where it would be contrary to the European Convention on Human Rights to remove the person from the UK, an alternative form of immigration status will be provided.

A revocation decision carries a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal under section 82(1)(c) of the Nationality, Immigration and Asylum Act 2002.7

• 1Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 2Asylum and Immigration Appeals Act 1993, Section 2. Available at: https://www.legislation.gov.uk/ukpga/1993/23/section/2.
• 3Immigration Act 1971, Section 1. Available at: https://www.legislation.gov.uk/ukpga/1971/77/section/1.
• 4Immigration and Asylum Act 1999, Section 10. Available at:  https://www.legislation.gov.uk/ukpga/1999/33/section/10
• 5Nationality, Immigration and Asylum Act 2002, Section 77. Available at: https://www.legislation.gov.uk/ukpga/2002/41/section/77.
• 6UNHCR, Updated Observations on the Nationality and Borders Bill, as amended, updated January 2022, paragraphs 241-245. Available at: https://www.unhcr.org/uk/media/unhcr-updated-observations-nationality-and-borders-bill-amended. UNHCR, Updated Observations on the Border Security Asylum and Immigration Bill, updated May 2025, paragraphs 79-88. Available at: https://www.unhcr.org/uk/media/unhcr-updated-observations-border-security-asylum-and-immigration-bill.
• 7Nationality, Immigration and Asylum Act 2002, Section 82. Available at: https://www.legislation.gov.uk/ukpga/2002/41/section/82.