Alinea 29 Parket bij de Hoge Raad 23 oktober 2012

I understand the respondents to argue that such passengers can never be entitled to Article 31 immunity because, having been apprehended whilst attempting to leave the UK rather than enter it, it follows that they never intended to present themselves, least of all without delay, to the immigration authorities here. Mr Kovats further submits that, having chosen not to claim asylum here despite the UK clearly being a safe country for the purpose, these passengers will in addition be unable to satisfy the "coming directly" condition. Neither of these arguments are in my judgment sustainable. If I am right in saying that refugees are ordinarily entitled to choose where to claim asylum, and that a short term stopover en route in a country where the traveller's status is in no way regularised, will not break the requisite directness of flight, then it must follow that these applicants would have been entitled to benefit of Article 31 had they reached Canada and made their asylum claims there. If Article 31 would have availed them in Canada, then logically its protection cannot be denied to them here merely because they have been apprehended en route.

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