Case

JS (Uganda)

10.10.2019

Cases Citation

[2019] EWCA Civ 1670; [2020] 1 WLR 43; [2020] Imm AR 258; [2020] INLR 67; The Times, 10 January 2020

The leading Court of Appeal authority concerning the meaning of “refugee” in the 1951 Refugee Convention and the circumstances in which refugee status may be withdrawn on the grounds that the reasons for the initial grant of asylum no longer endure.

The case concerned, in particular, the nature and scope of the obligations owed to individuals who have been recognised as refugees on the basis of their family relationship with a person who has already been granted asylum in the UK, rather than any individualised fear of persecution in their home country.

Nicholas Chapman was instructed by the Home Secretary at the appeal stage.  Following a two-day hearing, the Court of Appeal (Underhill V-P, Newey and Haddon-Cave LJJ) allowed the Home Secretary’s appeal and dismissed JS’s linked appeal.

The Court of Appeal held that the term “refugee” in the Convention has a single autonomous meaning independent of the differing interpretations of the contracting states; and that the Convention’s cessation clause was to be construed widely, involving consideration of material changes to both relationship and risk.

The judgment can be viewed here.


Related Barristers


Nicholas Chapman

Nicholas Chapman
Year of Call: 2001


Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC kmorton@tgchamber.com

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or dnorton@tgchambers.com