Paragraph 334 of the Immigration Rules states that a person will be granted refugee status in the United Kingdom if “they are a refugee, as defined in Article 1 of the 1951 Refugee Convention”.1 As the clause of the Refugee Convention excluding from refugee status a person who is not in need of international protection (due to being recognised by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country) is contained in Article 1 (namely at clause E), paragraph 334 of the Immigration Rules will serve to exclude such a person.

In relation to situations where refugee status was nonetheless granted, paragraph 338A of the Immigration Rules states that “[a] person’s grant of refugee status under paragraph 334 must be revoked if any of paragraphs 339A, 339AA, 339AB or 339AC apply. Paragraph 339AA reads: “This paragraph applies where the Secretary of State is satisfied that the person should have been, or is, excluded from being a refugee in accordance with Article 1D and 1E of the 1951 Refugee Convention…”2

• 1Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.
• 2Immigration Rules, Part 11: Asylum. Available at:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-11-asylum.