§ Mr. PawseyTo ask the Secretary of State for the Home Department if he will make a statement on his policy on persons seeking asylum who have not come to this country directly from the country in which they fear persecution.
§ Mr. WaddingtonThe United Kingdom is committed to its obligations under the 1951 United Nations convention relating to the status of refugees. In accordance with this convention, no refugee will be moved by the United Kingdom to a territory in which his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
263WIt is an internationally accepted concept that a person fleeing persecution, who cannot avail himself of the protection of the authorities of a country of which he is a national, should normally seek refuge in the first safe country reached. I agree entirely with the concept. The convention's primary function is to give refugees who cannot turn to their own authorities the protection of the international community. It is an instrument of last resort—not a licence for refugees to travel the world in search of an ideal place of residence. Where protection issues do not arise, an application should therefore be dealt with in accordance with normal immigration criteria.
Accordingly, an application for asylum from a passenger who has arrived in the United Kingdom from a country other than the country in which he fears persecution, will not normally be considered substantively. The passenger will be returned to the country from which he embarked, or to another country in which he has been since he left the country of feared persecution or, if appropriate, to his country of nationality, unless I am satisfied that the country is one in which his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion, or that it would return him to such a country. However, in considering any individual case I shall take into account any evidence of substantial links with the United Kingdom which in my view would make it reasonable for the claim for asylum exceptionally to be considered here.
All western European countries which are signatories to the United Nations convention operate safe third-country procedures and the approach is consistent with the convention determining the state responsible for examining applications for asylum lodged in one of the member states of the European Communities signed in Dublin on 15 June 1990, but not as yet in force.