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)

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Section 31 Immigration and Asylum Act 1999: defence against prosecution

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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. 9 January 2024

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

2. 21 May 2015

   Updated guidance.

3. 22 April 2014

   First published.