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Selected filters: Case Law 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

HANY EL-SAYED EL-SEBAI YOUSSEF -and - SECRETARY OF STATE FOR THE HOME DEPARTMENT and N2 - and - SECRETARY OF STATE FOR THE HOME DEPARTMENT

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) | 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

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

AN (Afghanistan) v Secretary of State for the Home Department

9 July 2015 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Exclusion clauses - Non-refoulement - Refoulement - War crimes | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Kardi, R (On the Application Of) v Secretary of State for the Home Department

10 July 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Exceptional leave to remain (ELR) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Terrorism | Countries: Tunisia - 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

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