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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 - High Administrative Court Nordrhein-Westfalen, 27 March 2007, 8 A 4728/05.A
Country of applicant: Turkey
Keywords: Crime against humanity, Exclusion from protection, Non-refoulement, Serious non-political crime, Standard of proof, Terrorism, War crimes, Acts contrary to the purposes and principles of the UN

Exclusion from refugee status on the grounds of serious non-political crimes is only permissible if the applicant still poses a threat. The Court found that an applicant from Turkey, who had been subject to past persecution, was not sufficiently safe from renewed persecution if returned.

Date of decision: 27-03-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1F(c),Recital 3,Art 12.2,Art 12.3,UNHCR Handbook,Para 152,Para 147,Para 149,Para 163,Para 157,Para 148,Para 151,Art 35,Recital 15,Art 21.1,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3