Mr Kibi is a national of Eritrea and was born on 10th October 1981. He Essay

Mr Kibi is a national of Eritrea and was born on 10th October 1981. He arrived in the United Kingdom in June 2009 on a false pas - Essay Example A refugee becomes one, if his status as an asylum seeker has been upgraded to refugee after being granted asylum.1 In the pursuit of Mr. Kibi to apply for asylum, several pertinent circumstances in his situation should be given attention. Firstly, he arrived in the United Kingdom in June 2009 on a false passport and has been residing and working in the country illegally. Secondly, he did not immediately apply for asylum, claiming that he is not aware of the existence of such process and for fear of being deported back to Eritrea. Thirdly, in his pursuit to leave Eritrea, he has been to several countries including Italy, where he did not claim for asylum due to bad experiences and slow processing of claims. Now, he is applying for asylum in the United Kingdom based on the grounds that he is fearful of his life upon return to Eritrea where he became critical of its government and for deserting his military service. The fact that Mr. Kibi arrived in the country under falsified papers, h e is already legally liable. Under the Identity Cards Act f 2006, particularly Section 25(1), it is an offense for an individual to have an identity document, e.g., passport, that he knowingly obtained improperly with the intention of using as registrable information of himself. Thus, Mr. Kibi’s presentation upon his entry to UK of the false passport is an illegal act. This offense makes it harder for him to gain asylum pursuant to the Refugee Convention’s Article 31(1). Under s. 31 of the 1999 Immigration and Asylum Act however, Mr. Kibi still has a defence he can use to gain asylum in UK despite his falsification offense. Section 31 (3) (aa) of the said Asylum Act was amended as a form of defence in cases where there is an offence under s. 25(1) of 2006’s Identity Cards Act.2 This defence may apply to individuals who committed said offense in UK if they can prove that they came in the country because their freedom and their lives are threatened, as defined by the Refugee Convention, if said individual presented himself to UK’s authorities immediately and if good cause was proven for his illegal presence in the country. In cases where in the asylum seeker stopped in another country before entering UK, it is necessary that he showed good cause for not claiming asylum or protection in that country under the Refugee Convention. 3 Given the abovementioned laws and the situation Mr. Kibi has been in, it is wise to first analyse the defence to use under the 1999 Act. His circumstances are indeed grounds for asylum. He can be declared refugee for his fear of being persecuted in Eritrea for reason of his political opinion. As such, his entry in UK using falsified documents can be justified. As Article 31(1) of the 1999 Act states, penalties may not be imposed on a refugee’s illegal entry or presence if their life is threatened in their territory of origin.4 However, certain provisions in this particular Article may run against the a ctual situation of Mr. Kibi. Firstly, under this article, it is stated that penalties may not be imposed, provided the refugee presented himself to the authorities without delay. This is not the case with Mr. Kibi. It took more than a year before he claimed for asylum. It is therefore necessary to prove that he did it for a very good cause and with an acceptable reason. Likewise, as a subsection of