Asylum and Recognised Refugee Status

327. Under the Rules an asylum applicant is a person who either - (a) makes a request to be recognised as a refugee under the Refugee Convention on the basis that it would be contrary to Jersey’s obligations under the Refugee Convention for him to be removed from or required to leave Jersey, or (b) otherwise makes a request for international protection. “Application for asylum” shall be construed accordingly.

334. An asylum applicant will be granted refugee status in Jersey if the Minister is satisfied that: (i) the applicant is in Jersey or has arrived at a port of entry in Jersey; (ii) the applicant is a refugee, that is to say, a person who falls within Article 1A of the Refugee Convention and does not fall within the scope of Article 1D, 1E or 1F of the Refugee Convention;

326E. An EU asylum application will be declared inadmissible and will not be considered unless the requirement in paragraph 326F is met.

326F. An EU asylum application will only be admissible if the applicant satisfies the Minister that there are exceptional circumstances which require the application to be admitted for full consideration.

327A. Every person has the right to make an application for asylum on his own behalf.

Every asylum application made by a person at a port or airport in Jersey, other than one refused under paragraph 345, will be referred by the Immigration Officer for determination in accordance with these Rules.

328A. The Minister shall ensure that authorities which are likely to be addressed by someone who wishes to make an application for asylum are able to advise that person how and where such an application may be made.

329. Until an asylum application, other than one refused under paragraph 345, has been determined, no action will be taken to require the departure of the asylum applicant or his dependants from Jersey.

Where a decision on an application for asylum cannot be taken within 6 months of the date it was recorded: (a) the applicant shall be informed of the delay; or (b) if the applicant has made a specific written request for it, be provided with information on the time-frame within which the decision on his application is to be expected.

There will be issued by an Immigration Officer to a person granted refugee status in Jersey a Jersey Residence Permit which may take the form of a stamp in that person’s passport (JRP) as soon as possible after the grant of refugee status.

The JRP may be valid for five years and renewable, unless compelling reasons of national security or public order otherwise require or where there are reasonable grounds for considering that the applicant is a danger to security or having been convicted by a final judgment of a particularly serious crime, the applicant constitutes a danger to the community or the person’s character, conduct or associations otherwise require.

328. All asylum applications will be determined by the Minister in accordance with the Refugee Convention on recommendations made by the Minister.

333. Written notice of decisions on applications for asylum shall be given in reasonable time. Where the applicant is legally represented, notice may instead be given to the representative. Where the applicant has no legal representative and free legal assistance is not available, he shall be informed of the decision on the application for asylum and, if the application is rejected, how to challenge the decision, in a language that he may reasonably be supposed to understand.

333B. Applicants for asylum shall be allowed an effective opportunity to consult a competent legal adviser, at their own expense or on legal aid.