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Adjudication of asylum claims (refugee status determination / asylum procedures) / Exclusion clauses

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KM (exclusion; Article 1F(a); Article 1F(b)) Democratic Republic of Congo

1. This decision considers whether the appellant should be excluded from the protection of the 1951 Convention Relating to the Status of Refugees (‘the Convention’) because there are serious reasons for considering that he committed crimes against humanity (Article 1F(a)) or in the alternative a serious non-political crime (Article 1F(b)) during his service in the Police d’Intervention Rapide (PIR) in the Democratic Republic of Congo (DRC).

9 March 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): 1951 Refugee Convention - Crimes against humanity - Exclusion clauses - International criminal law - Serious non-political crime | Countries: Congo, Democratic Republic of the - United Kingdom of Great Britain and Northern Ireland

Al – Sirri (Asylum – Exclusion – Article 1F(c))

13 October 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses | Countries: United Kingdom of Great Britain and Northern Ireland

AB (Article 1F(a) – defence - duress) Iran

8 September 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1951 Refugee Convention | Topic(s): Burden of proof - Crimes against humanity - Exclusion clauses | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Youssef (Refugee Convention – Article 1F(c)) v Secretary of State for the Home Department

11 March 2016 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Exclusion clauses | Countries: Egypt - United Kingdom of Great Britain and Northern Ireland

AS (s.55 "exclusion" certificate - process) Sri Lanka v. Secretary of State for the Home Department

14 November 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Exclusion clauses | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

AH (Article 1F(b) – 'serious') Algeria v. The Secretary of State for the Home Department

5 August 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

GJ and Others (post-civil war: returnees) Sri Lanka CG v. Secretary of State for the Home Department

3 July 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Exclusion clauses - Human rights activists - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on class/wealth/occupation - Prison or detention conditions - Tamil | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

CM (Article 1F(a) - superior orders) Zimbabwe v. The Secretary of State for the Home Department

13 July 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Exclusion clauses | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

MT (Article 1F(a) - aiding and abetting) Zimbabwe v. Secretary of State for the Home Department

2 February 2012 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Crimes against humanity - Exclusion clauses | Countries: United Kingdom of Great Britain and Northern Ireland - Zimbabwe

AA (Art 1F(a) - complicity - Arts 7 and 25 ICC Statute) Iran v. Secretary of State for the Home Department

Heard at Manchester on 4 May 2011.

29 July 2011 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Complementary forms of protection - Crimes against humanity - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

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