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

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

Une autorité nationale compétente peut-elle se fonder sur les dispositions prévues à l’article 19 de la directive 2011/95/UE (2) afin de procéder à la révocation du statut conféré par la protection subsidiaire à un apatride, et ce en raison d’une appréciation erronée des besoins de protection internationale dont elle est seule responsable ?

24 January 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Cessation clauses - Complementary forms of protection - Exclusion clauses - Statelessness | Countries: Algeria - Austria

This matter engages the jurisdiction of this Court as it involves a constitutional challenge to section 4(1)(b) of the Act. Beyond this, it raises arguable points of law of general public importance, such as the definition of a political crime, the proper interpretation and application of the “exclusion clause”, whether an internal appeal process is available to an excluded person under the Act, as well as what the rights are of an excluded person who may be persecuted upon returning to her country of origin. These are issues of great importance to asylum seekers and refugees, and impact their right to fair administrative action.

28 September 2018 | Judicial Body: South Africa: Constitutional Court | Document type: Case Law | Topic(s): Exclusion clauses - Extradition - Serious non-political crime | Countries: Serbia - South Africa

30 August 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country/Situation Specific Position Papers

July 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

interpretation of the second subparagraph of Article 27(2), Article 28(1) and Article 28(3)(a) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

2 May 2018 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Exclusion clauses - National security / Public order | Countries: Afghanistan - Belgium - Bosnia and Herzegovina - Croatia - Netherlands

whether acts may be sufficient to satisfy the threshold for exclusion from the Convention under Article 1F(c), where those acts were neither themselves completed or attempted terrorist acts, nor can they be shown to have led to specific completed or attempted terrorist acts by others.

26 April 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses | Countries: Egypt - Jordan - United Kingdom of Great Britain and Northern Ireland

Acts contrary to the purposes and principles of the UN are those that are likely to affect international peace and security, peaceful relations between states as well as serious violations of human rights. exclusion under 1F(c) depends on the existence of serious reasons to consider that part of the responsibility in the actions can be personally imputed to the applicant. The court has to assess whether the facts resulting from the investigation are such as to give rise to serious grounds for believing that the applicant was personally involved in such actions.

11 April 2018 | Judicial Body: France: Conseil d'Etat | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Acts contrary to the purposes and principles of the United Nations - Exclusion clauses | Countries: France - Syrian Arab Republic