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UK Govt may validly deny visa to Sheikh Hasina : By Justice Katju
The former Prime Minister of Bangladesh Sheikh Hasina has resigned and fled from her country. Presently she is in Hindon, near Delhi, in India. It is learnt that she applied for asylum to the UK Govt so that she can fly to London, where many members of her family live, and a niece is an MP. However, it is reported that the UK Govt has denied her request.
OPINION
Justice Markandey Katju
8/6/20242 min read
UK Govt may validly deny visa to Sheikh Hasina
By Justice Katju
The former Prime Minister of Bangladesh Sheikh Hasina has resigned and fled from her country. Presently she is in Hindon, near Delhi, in India.
It is learnt that she applied for asylum to the UK Govt so that she can fly to London, where many members of her family live, and a niece is an MP. However, it is reported that the UK Govt has denied her request.
https://www.youtube.com/watch?v=U3zSpNKgUgQ
Is the denial valid in law ?
Under the 1951 UN Refugee Convention, and its 1967 Protocol, there is a principle of non-refoulement, which states that if a person can establish that he/she has a genuine danger of losing his/her life or liberty in his/her home country on account of a well founded fear of being persecuted for reason of his/her race, religion, nationality or political views, he/she can apply for refugee status
https://en.wikipedia.org/wiki/Convention_Relating_to_the_Status_of_Refugees
However, there is an exception to the principle of non refoulement, and that is the 'first safe country' or 'country of first asylum' principle.
https://euaa.europa.eu/asylum-report-2023/432-safe-country-concepts
https://www.nrc.no/news/2016/march/what-is-a-safe-third-country/
The 'first safe country' principle states that if an asylum seeker who flees from his/her country, but before reaching the country of his chosen destination, passes through a third country where there is no danger to him/her, he/she must first seek asylum in that third country.
Thus, Sheikh Hasina, who fled from her home country Bangladesh where she thought it was dangerous for her to live, came first to India, enroute to England, which was her final destination. But she has not complained that she has any danger in India. Hence the UK authorities were legally justified in denying her entry to and asylum in UK, on the 'safe third country' principle.
https://www.youtube.com/watch?v=X7q3sLm6yUY
https://www.youtube.com/watch?v=YM0or1t6_Io