In determining the validity of revocations of refugee status under Section 21(5) of the Refugee Act 1996 the Court is exercising an appellate function and determining whether or not the decision is wrong, and not a review function as to whether or not the decision is lawful. The correct approach to appeals under section 21(5) is to consider the revocation appeal on all of the information put before the court. The court is not confined to the information which was before the Minister. Under section 21(5) the Court may substitute its own reasons for those given by the Minister.

Section 21(1)(h) (and its corresponding provisions in Regulation 11(2)(b) of the European Communities (Eligibility for Protection) Regulations 2006 and Article 14(3)(b) of the Qualification Directive) has no equivalent in the Geneva Convention.   These provisions operate where evidence emerges that the person should never have been granted refugee status, and refugee declaration is invalidated and is void ab initio.

Section 21(1) must be read together with Regulation 11(2) of the 2006 Regulations, which was designed to give effect to Article 14(3) of the Qualification Directive.  Regulation 11(2)(a)  removed the Minister’s discretion to revoke refugee status under Section 21(1), and made revocation mandatory under all sub-sections except Section 21(1)(g).