Humanitarian Protection

339C. A person will be granted humanitarian protection in Jersey if the Minister is satisfied that:

(ii) the person does not qualify as a refugee as referred to in paragraph 334;

(iii) substantial grounds have been shown for believing that, if the person were returned to the country of return, he would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail him/herself of the protection of that country;

Serious harm consists of: (i) the death penalty or execution; Official 130 (ii) unlawful killing; (iii) torture or inhuman or degrading treatment or punishment of a person in the country of return; or (iv) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

(iv) the person is not excluded from a grant of humanitarian protection.

(i) there are serious reasons for considering that he has committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes;

(iii) there are serious reasons for considering that he constitutes a danger to the community or to security; or

(i) the person is in Jersey or has arrived at a port of entry in Jersey;

339E. If it is decided to grant humanitarian protection and the person has not yet been given leave to enter, limited leave to enter will be granted. If it is decided to grant humanitarian protection to a person who has been given limited leave to enter (whether or not that leave has expired) or a person who has entered without leave, the existing leave will be varied or limited leave to remain will be granted.

339G. A person’s humanitarian protection granted under paragraph 339C will be revoked or not renewed if any of paragraphs 339GA to 339GC apply. A person’s humanitarian protection granted under paragraph 339C may be revoked or not renewed if paragraph 339GD applies.

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.

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

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

358C. A representative of the United Nations High Commissioner for Refugees (UNHCR) or an organisation working in Jersey on behalf of the UNHCR pursuant to an agreement with the government of Jersey shall: (a) have access to applicants for asylum, including those in detention;