For convictions after 2 February 2026, updated Home Office guidance says a person convicted of a Schedule 3 Sexual Offences Act 2003 offence is presumed to have committed a particularly serious crime, affecting refugee status decisions.
Key facts
- Who: People claiming asylum or holding refugee status in the UK who are convicted of an offence listed in Schedule 3 to the Sexual Offences Act 2003.
- From: 2 February 2026 (for convictions received after that date)
- Source: Exclusion under Article 1F of the Refugee Convention: caseworker guidance (version 8.0)
The Home Office has published version 8.0 of its guidance for asylum decision makers on exclusion from refugee protection. It was updated on 2 February 2026 to reflect the Border Security, Asylum and Immigration Act 2025, which amends section 72 of the Nationality, Immigration and Asylum Act 2002.
Background
Article 33(2) of the Refugee Convention allows a country to return a refugee to a place of persecution in limited circumstances. These include where the person has been convicted by a final judgment of a particularly serious crime and is considered a danger to the community. Section 72 of the 2002 Act sets out how that test is applied in the UK.
Under the existing rule, a person convicted in the United Kingdom of an offence and sentenced to at least 12 months' imprisonment is considered a danger to the community.
What has changed
For convictions received after 2 February 2026, the 2025 Act adds a presumption. A person convicted of an offence listed in Schedule 3 to the Sexual Offences Act 2003 is presumed to have been convicted by a final judgment of a particularly serious crime, and to constitute a danger to the community of the United Kingdom.
Immigration Rules paragraphs 334(iii) and (iv) and 336 mean that refugee status must be refused where Article 33(2) applies.
What stays the same
The UK remains bound by the European Convention on Human Rights. The guidance says the UK will not remove a person to a country where there is a human rights barrier to removal, normally under Article 3.
Article 1F is a separate provision. It applies where there are "serious reasons" for considering that a person has committed certain crimes or acts, such as war crimes or serious non-political crimes abroad. The guidance says the evidential burden of proof rests with the Secretary of State to show it applies, and that the standard is above mere suspicion.
Under section 82 of the 2002 Act, an appeal can only be brought against a decision to refuse a protection or human rights claim, or to revoke protection status.
What this means for people facing refusal or revocation of protection
The presumption applies to convictions received after 2 February 2026 for offences listed in Schedule 3 to the Sexual Offences Act 2003. It is a presumption, and the guidance sets it out alongside the continuing human rights limits on removal.
Appeal rights under section 82 of the 2002 Act are limited to decisions to refuse a protection or human rights claim, or to revoke protection status. Anyone affected may wish to check the decision they have received and get advice before any deadline passes.
Sources
- Home Office, UK Visas and Immigration: Exclusion under Article 1F of the Refugee Convention: caseworker guidance, version 8.0, updated 2 February 2026