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Hungary - Administrative and Labour Court of Pécs, 25 February 2017, 8.K.27.195/2016/22
Country of applicant: Russia

The Court quashed the decision of the Office of Immigration and Nationality (OIN). The OIN based its decision on classified information obtained from the Constitutional Protection Office (CPO), which stated that the Applicant poses a threat to Hungary’s national security, and that he shall not be granted protection, with due regard to Article 1 f) c) of the Geneva Convention. The OIN failed to communicate the CPO’s opinion to the Applicant for nine months. The Court assessed that the proceedings were ‘exceptionally unlawful’.

Date of decision: 24-03-2017
Relevant International and European Legislation: 1951 Refugee Convention,Art 1F(c),Art 1F,European Union Law,International Law,EN - Charter of Fundamental Rights of the European Union,Article 18,Article 41,Article 47
Belgium – Council for Alien Law Litigation, 10 February 2017, n 182.109
Country of applicant: Congo (DRC)

After having committed several offences qualified as being of a ‘particular gravity’, Mr.O’s refugee status was revoked on April 21st 2006.

Upon appeal to the Council of Alien Law Litigation (‘CALL’), the question of the validity of article 55/3/1 of December 15th 1980 law (the ‘1980 Law’) arose. Although it is established that this provision is transposing article 14(4) of the Directive 2011/95/EU, its compatibility with the Geneva Convention must be verified.

The Council refuses then to pronounce itself on the question, arguing the competency of such matter is vested in the Court of Justice of the European Union.

Date of decision: 10-02-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 12,Art 17,Recital 4,Recital 21,Art 14,Art 1,Art 1A,Art 32,Art 1F,Art 33,Recital 16,Recital 12,European Union Law,International Law,EN - Charter of Fundamental Rights of the European Union,Article 18,Recital 14,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
CJEU - C-573/14, Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani
Country of applicant: Morocco

The CJEU in this case expanded on its previous ruling of B & D. Whereas previously the scope of the exclusion clause for those engaging in terrorist acts was limited to engaging in, conspiring to or planning an actual act of terrorism with an international dimension, the CJEU has now widened the scope to include those who provide logistical support even where no act of terrorism takes place. 

Date of decision: 31-01-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Recital 17,Recital 22,Art 1F,Recital 16,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 12
Netherlands - Court of The Hague, 3 December 2015, AWB 15/1712
Country of applicant: Syria

This case is concerned with whether the decision to deny the asylum application and the subsequently imposed entry ban were justified based on articles 1F(a)-(c). Under these provisions the Secretary of State can raise national security as a ‘serious ground’ for his decision if an element of ‘personal participation’ can be proven.

Date of decision: 03-12-2015
Relevant International and European Legislation: 1951 Refugee Convention,Art 1F(c),Art 1F(b),Art 1F(a),Art 1F,International Law
UK - Court of Appeal, AH (Algeria) v Secretary of State for the Home Department, 14 October 2015
Country of applicant: Algeria

Article 1F of the Refugee Convention relates to the application of a definition and not whether an individual seeking asylum should obtain protection or not. Therefore, and with regards to Article 1F(b), any post-offence conduct does not serve to mitigate the seriousness of an alleged non-political offence. No doctrine of expiation is to, thus, be applied to Article 1F(b).

The term serious used in Article 1F(b) denotes especially grave offending and requires no further qualification by the term “particularly." 

Date of decision: 14-10-2015
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 12,Art 12.2 (c),Art 17,Art 1F(c),Art 1F(b),Art 1,Art 1F,Art 21,Art 12.2 (b),Art 1D,European Union Law,Art 1B,Art 1E,Art 1C
France - National Court of Asylum, 7 October 2014, M. B., No13003572
Country of applicant: Central African Republic

A case may be re-examined in substance by the CNDA, if the facts referred to by the Applicant took place after the last decision of the CNDA or if it is proven that the Applicant could not have been aware of them prior to the previous court decision.

A person who has been a member of an armed unit which has committed systematic violence, and who has not attempted to prevent it or be dissociated from the other members is personally guilty and therefore cannot be granted the refugee status.

Date of decision: 07-10-2014
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A,Art 1F,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 12
Finland - Supreme Administrative Court, 18 February 2014, KHO:2014:35
Country of applicant: Somalia

This case concerns whether it had been legal to apply exclusion clauses and refuse international protection for an applicant who was suspected of committing a serious crime. The Supreme Administrative Court concluded that subsidiary protection could be refused for a person who was suspected of committing aggravated rape.

Date of decision: 18-02-2014
Relevant International and European Legislation: Art 1F,UNHCR Handbook,Art 17.1
Spain: National Court. Chamber of Contentious-Administrative Proceedings, 26 December 2013, Appeal No. 327/2012
Country of applicant: Iran

The case appeals a decision of the Ministry of Interior to deny asylum and subsidiary protection considering the alleged crimes against humanity committed by the appellant, national of Iran. He was a member of a declared criminal organization. The Court analyses his adherence to the organisation following a proportionality approach. It addresses the need to examine the existence of substantial proof of the commission of crimes against humanity when applying the exclusion clauses to deny international protection. 

 

Date of decision: 26-12-2013
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.5,Art 1F(a),EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 3,Art. 3
Hungary - Metropolitan Court, 29 August 2013, H.A.I. v Office of Immigration and Nationality (OIN), 3.K.30.602/2013/15
Country of applicant: Lebanon

In the case of a Palestinian stateless asylum-seeker from Lebanon, the Court found the objection of the OIN (that was otherwise unverified by documents and based on which the decision to reject was made) to be unfounded, and recognised the Applicant as refugee. The Court emphasized that any procedure where the contents of the objection concerning a matter of national security are not subject to review, is arbitrary and seriously contradicts the principles of the rule of law as it makes the right to an effective remedy meaningless.

Date of decision: 29-08-2013
Relevant International and European Legislation: Art 10.1 (e),Art 4,Art 1A,Art 1F,Art 9.1,Art 1D,Art 2 (c),Article 6
UK - Court of Appeal, AA-R (Iran) v Secretary of State for the Home Department, [2013] EWCA Civ 835
Country of applicant: Iran

The issue in this case was “complicity” – the Court analysed the facts of the applicant’s involvement in a violent paramilitary force in Iran to determine whether he was complicit in crimes against humanity, so as to be excluded from international protection. 

Date of decision: 12-07-2013
Relevant International and European Legislation: Art 12.3,Art 1F(a),Art 12.2 (a)