Case summaries
Germany - Federal Administrative Court, 31 March 2011, 10 C 2.10
Country of applicant:
Rwanda
Keywords:
Crime against humanity, Exclusion from protection, Revocation of protection status, Standard of proof, War crimes, Acts contrary to the purposes and principles of the UN
For the exclusion ground of war crimes or crimes against humanity to be applicable it is not necessary to establish to the point of utmost certainty that a refugee has committed such crimes, it is sufficient if serious reasons justify this assumption. A revocation of refugee status is also possible if war crimes or crimes against humanity have been committed after refugee status was granted.
Date of decision:
31-03-2011
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 3,Art 12.2,Art 1F,Art 14.3
Ireland - High Court, 1 December 2010, Gashi v Minister for Justice, Equality and Law Reform, [2010] IEHC 436
Keywords:
Revocation of protection status
This case concerns a revocation decision, which turned on the meaning of Art 14.3(b) of the Qualification Directive (in particular the word “decisive” in that Article). The Court relied on an analysis of the French and Italian translations of Art 14.3, which the court felt were not worded as precisely as the English text.
Date of decision:
01-12-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.1,Art 4.2,Art 14.3 (b),Art 14.3
Germany – High Administrative Court Niedersachsen, 11 August 2010, 11 LB 405/08
Country of applicant:
Turkey
Keywords:
Circumstances ceased to exist, Exclusion from protection, Revocation of protection status, Terrorism
- An individual is not excluded from refugee status where they have been convicted and sentenced as a juvenile, this only applies in cases of convictions and sentences according to the criminal law applicable to adults.
- The applicant is not excluded from refugee status because of publicly distributing portraits of Öcalan (founder of the PKK) as a youth. This cannot be considered as an act of supporting terrorism within the meaning of the exclusion ground of Art 12.2 of the Qualification Directive.
Date of decision:
11-08-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 12,Art 3,Art 14,Art 12.2,Art 12.3,Art 14.3,Art 14.4 (b),Art 14.1,Art 14.5