EN challenged deportation after being recognised as a refugee but later convicted of serious offences.

The Court of Appeal considered Article 33(2) Refugee Convention exclusions for particularly serious crimes.

The appeal was dismissed; the exclusion clause applied without improper gloss.

Secretary of State's appeal on Article 33(2) construction allowed in part, on terms that Set aside Tribunal determination and remit. [112]

Did section 72 create irrebuttable presumptions under Article 33(2)?
No. The appeals were allowed and the determinations set aside for reconsideration. [112]

The Refugee Convention exclusion for particularly serious crimes applies without diminishing its negotiated text. [119]

Written by AI from the judgment on 20 August 2026. Each ¶ links to the paragraph it came from. Read those before relying on it.

▶Statutes Cited31

▶Case Law Cited30

▶Cited By35

EN (Serbia) v Secretary of State for the Home Department & Anor [2009] EWCA Civ 630

Case No C5/2008/0667

[2009] EWCA Civ 630

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL

Venue Royal Courts of Justice, Strand, London, WC2A 2LL

Date 26/06/2009

Before

LORD JUSTICE LAWS

LORD JUSTICE HOOPER

LORD JUSTICE STANLEY BURNTON

Between

EN (Serbia)Appellant

The Secretary of State for the Home DepartmentRespondent

The Secretary of State for the Home DepartmentAppellant

KC (South Africa)Respondent

(Transcript of the Handed Down Judgment of

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Manjit Gill QC and Basharat Ali (instructed by Aman Solicitors-Advocates) for EN

Tim Eicke and Alan Payne (instructed by the Treasury Solicitor) for Secretary of State in EN (Serbia)

Tim Eicke, John-Paul Waite and Alan Payne (instructed by the Treasury Solicitor) for Secretary of State in KC (South Africa).

Raza Hussain and Kathryn Cronin (instructed by Messrs Wesley Gryk) for KC

Hearing Hearing dates: 16, 17 and 18 March 2009

Judgment

Cited in 35 later judgments

and 26 more of the most senior