Part 2: Asylum Chapter 8: Removal to safe third country Section 37: Article 31(1): Immunity from Penalties
Overview: This section sets out the UK’s interpretation of Article 31(1) of the Refugee Convention, setting out the circumstances in which refugees who have entered a country illegally, or are present in a country illegally, are immune from penalties.
	Background: The UK is a signatory of the 1951 Refugee Convention. Article 31(1) of the Refugee Convention instructs that refugees be protected from penalties for their illegal entry or illegal presence where they have come directly from a territory where their life or freedom was threatened, presented themselves without delay to the authorities, and shown good cause for their illegal entry or presence.
	The Refugee Convention does not explicitly define what is meant by "coming directly from a territory where their life or freedom was threatened" and "present themselves without delay to the authorities".
	The purpose of this section is to create an interpretation of the criteria set out in Article 31(1), in order to clarify when a refugee would and would not benefit from the immunity from penalty provided for by that Article.
	Subsection 1 provides an interpretation of the term "coming directly" as found in Article 31(1). It stipulates that a person will not be deemed to have come directly if they have stopped in another country between leaving the country where they faced persecution and arriving in the UK. An exception would apply if the individual can demonstrate that it was not reasonable for them to have sought protection under the Refugee Convention in the country they stopped in, for example, where a person was under the control of people smugglers and therefore unable to present themselves to the authorities in that country. Individuals who are deemed not to have come directly, as defined by this section, may not be immune to penalties imposed on them on grounds of their illegal presence or illegal entry into the UK.
	Subsection 2 specifies what it means for a refugee to "present themselves without delay" in making a claim for asylum. In cases where an individual has fled persecution and arrives in the UK, they would be expected to make a claim for asylum as soon as it was reasonably practicable to do so after their arrival in the UK. In cases where an individual was present in the UK with permission (for example on a visa) and experienced a change in their circumstances meaning they have a well-founded fear of persecution preventing them from returning to their country of nationality, they would be expected to make their claim for asylum before their permission to stay in the UK expires. In cases where an individual was present in the UK without permission (for example a visa overstayer) and experienced a change in their circumstances preventing them from returning to their country of nationality, they would also be expected to make their claim for asylum as soon as it was reasonably practicable after their need for protection arose. Such individuals who require permission to be present in the UK and do not have it will be considered to be present in the UK illegally (subsection 3). Therefore, such individuals even if they present themselves without delay, as defined by this section, would not be immune to penalties imposed on them on grounds of not having good cause for their illegal presence or illegal entry into the UK.
	Subsection 4 provides an exemption to imposing penalties on individuals where they have broken these rules in the course of leaving the UK.
	Subsection 5 substitutes wording used in subsection 2 of section 31 of the Immigration and Asylum Act 1999 to align it to wording used in Section 36, and also inserts new subsection 4A into section 31 relating to the defences based on Article 31(1) that an individual may rely upon if charged of an offence. 4A provides an exception, whereby an individual may not use the section 31 defence if they committed an offence in their attempt to leave the UK.
	Subsection 6 provides definitions for terms used in this section.