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Czech Republic - Supreme Administrative Court, 20 June 2007, R.K. v Ministry of Interior, 6 Azs 142/2006–58
Country of applicant: Russia, Russia (Chechnya)
Keywords: Effective access to procedures, Burden of proof, Crime against humanity, Exclusion from protection, Procedural guarantees, War crimes

This case examines the differences between the procedure for examining a claim for asylum and the procedure for examining the application of exclusion clauses.

Date of decision: 20-06-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 1F
Germany - High Administrative Court Niedersachsen, 2 May 2007, 11 LA 367/05
Country of applicant: Turkey
Keywords: Exclusion from protection, Serious non-political crime, Terrorism

Exclusion from refugee status under Section 60 (8) (2) Residence Act/Art. 12.2 and Art. 12.3 of the Qualification Directive is only justified if the person concerned poses an ongoing threat.

Date of decision: 27-05-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12.2,Art 12.3,Art 1F
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
Germany - Administrative Court Stuttgart, 29 June 2006, A 11 K 10841
Country of applicant: Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Discrimination

This case concerned the application of Art 10.1 (d) of the Qualification Directive, as applied to lesbians from Iran. It was found that the "particular social group", described as homosexual (lesbian) women, has a distinct identity in Iran, because they are perceived as being different by the surrounding society (Art. 10.1 (d) (1) of the Qualification Directive).

Further, that there is a high likelihood that a homosexual relationship between women would be persecuted when detected, because it constitutes a breach of a cultural norm, even worse than among homosexual (gay) men.

Date of decision: 29-06-2006
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 7,Art 9,Art 10.1 (d),Art 12,Art 10,Art 6,Art 11,Art 9.2 (c),Art 9.1 (a),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 15
UK - Court of Appeal, 26 July 2002, El-Ali v Secretary of State for the Home Department [2002] EWCA Civ 1103
Country of applicant: Lebanon, Palestinian Territory
Keywords: Exclusion from protection
Art 1D of the 1951 Refugee Convention only applies to Palestinians who met two criteria. First of all, they had to have been in receipt of United Nations Relief and Works Agency for Palestinian Refugees in the Near East (“UNRWA”) protection or assistance on or before 28 July 1951 which was the date that the Convention was adopted. Secondly, whilst UNRWA’s mandate continued, if such Palestinians had left UNRWA’s field of operation they would have to show that they were in “exceptional circumstance”; for example if they were prevented from returning to UNRWA’s field of operation.
Date of decision: 26-07-2002
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 28,Art 1,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,Art 2,Art 13,Art 15,Art 17,Art 21,Art 24,Art 26,Art 27
Poland - Supreme Administrative Court in Warsaw, 14 February 2002, V SA/Wa 1673/01,
Country of applicant: Palestinian Territory
Keywords: Exclusion from protection, Refugee sur place, Cessation of protection

One cannot demand recognition of refugee status pursuant to Article 1A(2) of the Geneva Convention where protection can be provided pursuant to Article 1D of the Convention. The phrase used in the first sentence of Article 1D of the Convention – “persons who are at present receiving… protection or assistance” – relates to those Palestinians who could avail themselves of protection on the date of the Convention, i.e., on 28 July 1951., and to their direct descendants born after that date, provided they remain under the mandate of UNRWA (United Nations Relief and Works Agency). “Protection or assistance” for Palestinians is provided solely in areas under the UNRWA mandate. Therefore, exclusions from protection under the Geneva Convention relate only to those Palestinians who reside permanently in those areas.

Date of decision: 14-02-2002
Relevant International and European Legislation: Art 2,Art 12,Art 5,Art 4,Art 23,Art 1A,Para 94,Para 96,Art 1D,Art 1C,Para 143