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France - Council of State, 7 April 2010, Mr. B., n°319840
Country of applicant: Iraq
Keywords: Exclusion from protection

Before applying the exclusion clause in a case of complicity in an honour killing, the Court should inquire whether, on the one hand family constraint might have lowered the free will of the applicant and, on the other hand whether his young age might justify that he was more vulnerable to this constraint.

Date of decision: 07-04-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 7,Art 12,Art 6,Art 4.3 (c),Art 1F(b)
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
UK - House of Lords, 18 February 2009, RB (Algeria) v Secretary of State for the Home Department [2009] UKHL 10
Country of applicant: Algeria, Jordan
Keywords: Exclusion from protection, Torture, Acts contrary to the purposes and principles of the UN

The House of Lords considered a number of issues arising out of the proposed deportation of three foreign nationals on the basis that each was a danger to the national security of the United Kingdom. The Court made three particularly relevant findings: (1) that Article 1F(c) of the 1951 Refugee Convention could be invoked to exclude an individual from the provisions of the Convention on the basis of acts committed after the applicant was recognised as a refugee; (2) Diplomatic assurances as to the treatment of an individual were relevant to assessing how an applicant would be treated upon return to their home State, though their assessment was a matter of fact, and; (3) relying on evidence obtained by torture in a criminal trial did not, as a matter of law, always amount to a flagrant denial of the right to a fair trial guaranteed by Article 6 ECHR.

Date of decision: 18-02-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 1F(c),Art 1F(b),Art 1F(a),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 5,Article 6
Finland - Supreme Administrative Court, 3 April 2008, KHO:2008:21
Country of applicant: Afghanistan
Keywords: Benefit of doubt, Exclusion from protection, Serious non-political crime

This case concerned the exclusion from refugee status of a Taliban informer. The Supreme Administrative Court did not apply the exclusion clause in Art IF(b) (corresponding to § 87 paragraph 2 of the Finnish Aliens Act).The Court held that exclusion clauses must be interpreted in the narrowest possible manner.

Date of decision: 03-04-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 1F(b)