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Sweden - Migration Court of Appeal, 25 October 2012, UM287-10, MIG 2012:14
Country of applicant: Iraq
Keywords: Crime against humanity, Exclusion from protection, Standard of proof, Family member

An Iraqi man, previously a member of the Ba'ath Party, was granted refugee status. There were not found to be any grounds for exclusion. The man's son was also granted refugee status, with reference to the principle of family unity.

Date of decision: 25-10-2012
Relevant International and European Legislation: Art 12.2,Art 12.3,Art 1F,Para 184,Para 185,Para 155,Para 152,Para 203,Para 204,Para 147,Para 149,Para 162,Para 163,Para 156,Para 157,Para 150,Para 151,Para 153,Para 154,Para 158,Para 159,Para 160,Para 161,Para 143,Para 186
Sweden - Migration Court of Appeal, 9 September 2011, UM 3891-10
Country of applicant: Iraq
Keywords: Crime against humanity, Exclusion from protection, Non-refoulement

A former officer in Saddam Hussein’s Security Services was excluded from protection due to possible crimes against humanity. He was however granted a temporary residence permit as the decision could not be executed without violating the principle of non-refoulement.

Date of decision: 09-09-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 9,Art 12,Art 17,Art 15,Art 3,Art 1F,Art 21,UNHCR Handbook,Para 155,Para 152,Para 147,Para 149,Para 162,Para 163,Para 156,Para 157,Para 148,Para 150,Para 151,Para 153,Para 154,Para 158,Para 159,Para 160,Para 161
Germany - Federal Administrative Court, 16 February 2010, 10 C 7.09
Country of applicant: Russia, Russia (Chechnya)
Keywords: Armed conflict, Exclusion from protection, Serious non-political crime, Terrorism, War crimes, Internal armed conflict

This case concerns exclusion from refugee status due to the alleged participation of a civilian in war crimes. It was found that an act committed by a civilian can be a war crime if this act is connected to an armed conflict. In the course of an internal armed conflict, war crimes can be directed not only against the civilian population but also against combatants of the opposing party.

Date of decision: 16-02-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.4,Art 12.2,UNHCR Handbook,Para 155,Para 152
Germany – Federal Administrative Court, 24 November 2009, 10 C 24.08
Country of applicant: Russia, Russia (Chechnya)
Keywords: Armed conflict, Crime against humanity, Exclusion from protection, Serious non-political crime, Terrorism, War crimes

In an internal armed conflict, war crimes may be committed not only against the civilian population, but also against combatants.

  1. At present, a definition of what constitutes war crimes or crimes against humanity has to be primarily based on the elements of these crimes as determined in the International Criminal Court (ICC) Statute.
  2. In an internal armed conflict, war crimes may be committed not only against the civilian population, but also against combatants.
  3. As a rule, acts by combatants which form part of combat operations in an internal armed conflict, and which do not constitute crimes against peace, war crimes or crimes against humanity (under Section 3 II (1) (1) of the German Asylum Procedure Act), will also not constitute the exclusion ground of a serious non-political crime.
Date of decision: 24-11-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4.4,Art 8.1,Art 12.2,Art 1F,UNHCR Handbook,Para 155
Spain - High National Court, 25 March 2009, 993/2007
Country of applicant: Russia, Russia (Chechnya)
Keywords: Exclusion from protection, Humanitarian considerations, Inhuman or degrading treatment or punishment, Non-refoulement, Torture, Terrorism

The applicant lodged an appeal before the High National Court against the decision of the Ministry of Interior to refuse granting refugee status. The refusal was based on the application of an exclusion clause due to the applicant’s alleged membership of a terrorist group and for having committed serious crimes.

It was discussed whether this exclusion clause had been applied lawfully and also if, alternatively, the applicant could be authorised to stay in Spain for humanitarian reasons since, if he was expulsed, there was a risk of suffering inhuman or degrading treatment

Date of decision: 25-03-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 1F(b),Art 12.2,UNHCR Handbook,Para 155,Para 149,Art 17.1 (b),Para 156,Para 157,Para 176,Art 33.1,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3