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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
Poland - Regional Administrative Court in Warsaw, 21 December 2010, V SA/Wa 383/10
Country of applicant: Russia
Keywords: Circumstances ceased to exist, Procedural guarantees, Revocation of protection status, Standard of proof

This judgment overturned the decision of the Polish Refugee Board on revocation of refugee status. Adoption of state protection within the meaning of the law means that a foreigner benefits from the protection of the state of his nationality, that he is able to avail himself of this protection and that there exists no well-founded fear of persecution. Adoption of state protection means that the foreigner enjoys the genuine protection of his country of origin.

In proceedings on revocation of refugee status, the authority determines whether there are other reasons to justify the foreigner’s fear of persecution.

Date of decision: 21-12-2010
Relevant International and European Legislation: Art 2 (e),Art 37,Art 38,Para 150,Para 151,Art 11.1 (e)