According to Justice Markandey Katju, Former Justice of the Indian Supreme Court
Former Prime Minister of Bangladesh, Sheikh Hasina, has recently resigned and fled her home country. She is currently residing in Hindon, near Delhi, India. Reports indicate that she applied for asylum in the UK, aiming to join her family members in London, including a niece who serves as an MP. However, the UK Government has reportedly denied her request.
Is the Denial Valid in Law?
According to the 1951 UN Refugee Convention and its 1967 Protocol, the principle of non-refoulement is a key element. This principle states that an individual fearing persecution based on race, religion, nationality, or political views can apply for refugee status if he/she faces a genuine threat to his/her life or liberty in his/her home country.
However, there is an exception to non-refoulement: the ‘first safe country’ or ‘country of first asylum’ principle. This principle dictates that an asylum seeker must seek refuge in the first safe country he/she arrives in. Sheikh Hasina fled Bangladesh due to perceived dangers but first arrived in India, a safe country. Since she has not claimed any danger in India, the UK’s denial of her asylum request is legally justified.
The ‘First Safe Country’ Principle
The ‘first safe country’ principle ensures that asylum seekers seek protection in the initial safe country they enter. For Sheikh Hasina, this safe country is India. She must first seek asylum there before attempting to move to another destination like the UK.
Legal Framework and Precedents
This legal framework is supported by international agreements and practices:
- The 1951 UN Refugee Convention and its 1967 Protocol outline the non-refoulement principle and its exceptions.
- Various reports and international agreements further define the safe third country concept.
- The European Union Agency for Asylum provides detailed reports on the implementation of safe country principles.
Given these precedents, the UK’s decision to deny Sheikh Hasina’s asylum request aligns with established international law. She must first seek protection in India before considering other destinations.
For further insights, refer to the following sources:
- Tribune Article on Sheikh Hasina’s Challenges
- YouTube Video Discussion
- Twitter Reactions
- WION News Coverage
In conclusion, the UK’s refusal to grant asylum to Sheikh Hasina is legally justified based on the ‘first safe country’ principle. She must seek asylum in India, where she currently resides, before seeking refuge in another country.
