[2004] EWHC 798 (Admin)

The High Court was bound to apply the narrower provisions of the Immigration and Asylum Act 1999 s.31 as compared to the Convention relating to the Status of Refugees 1951 (United Nations) Art.31, even if doing so had the consequence that the UK was in breach of that treaty. However, the proper course to follow for unexceptional challenges to decisions to prosecute in respect of pending prosecutions was to take the point in accordance with the procedures of the criminal courts and not to bring an application before the High Court.

DC (Thomas LJ, Silber J)


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