The case concerns the validity of a decision to reject an asylum application pursuant to the Immigration Act section 28 subsection 4. The provision applies to asylum seekers who need protection because of their acts in Norway, and implies that such applicants may not be recognised as refugees if the main purpose of their acts has been to obtain a residence permit. For the Supreme Court, the question is whether this exemption is consistent with the Refugee Convention of 28 July 1951 Article 1 A.
Heard at Field House on 5 and 6 October 2010. The conclusions of the Asylum and Immigration Tribunal in the country guidance case of SB (risk on return - illegal exit) Iran CG [2009] UKAIT 00053, on the risk of persecution for those who have exited Iran illegally, are followed and endorsed.