Case summaries
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