Article 1F of the Refugee Convention and Discretionary Leave

Article 1F excludes certain individuals from full refugee status, and the protections that come with that status. Those excluded include:

  • Persons who have committed a crime against, peace, a war crime, or a crime against humanity;
  • Persons who have committed a serious non-political crime; or
  • Persons guilty of acts contrary to the purposes and principles of the United Nations.

From 02 September 2011 a person that falls under this exclusion but who cannot be returned because of potential breaches to their Article 3 human rights protection will be granted a new restrictive discretionary leave on the following basis:

  • the leave will be issued for a maximum of 6 months at any one time;
  • there may be conditions restricting employment or occupations in the UK including restrictions on the individual working / volunteering a particular regulated / professional field.
  • there may be conditions prohibiting education;
  • there may be residence restrictions;
  • there may be conditions requiring the person to report at regular intervals;
  • there may be restrictions on the individual working / volunteering a particular regulated / professional field.

The full guidance can be found by clicking here.