SAADI v. THE UNITED KINGDOM JUDGMENT 11 to consider factors particular to the individual, such as the likelihood of absconding or lack of co-operation with the immigration authorities, and to examine the availability of other, less intrusive means of achieving the same ends, might render the detention of an asylum seeker arbitrary (A. v. Australia, no. 560/1993, CCPR/C/59/D/560/1993; C. v. Australia, no. 900/ 1999, CCPR/C/76/D/900/1999). In A. v. Australia the HCR observed that: “the notion of 'arbitrariness' must not be equated with 'against the law' but be interpreted more broadly to include such elements as inappropriateness and injustice. Furthermore, remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case, for example to prevent flight or interference with evidence: the element of proportionality becomes relevant in this context.” 32. Article 12 of the ICCPR protects the right of freedom of movement to those “lawfully within the territory”. Under the case-law of the HCR, a person who has duly presented an application for asylum is considered to be “lawfully within the territory” (Celepi v. Sweden, CCPR/C/51/D/456/1991). 4. Convention relating to the Status of Refugees (Geneva, 1951: “Refugee Convention”) 33. The Refugee Convention, which entered into force on 22 April 1954, together with its 1967 Protocol, generally prohibits Contracting States from expelling or returning a person with a well-founded fear of persecution to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion (Articles 1 and 33). Under Article 31: “Refugees unlawfully in the country of refuge 1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom in was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. 2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.” 34. On 13 October 1986, the Executive Committee of the United Nations High Commissioner for Refugees' Programme adopted the following Conclusion relating to the detention of asylum seekers (No. 44 (XXXVII) – 1986). The Conclusion was expressly approved by the General Assembly on 4 December 1986 (Resolution 41/124) and reads as follows: “The Executive Committee, Recalling Article 31 of the 1951 Convention relating to the Status of Refugees.