Exclusion

• Author: European Asylum Support Office (EU body or agency)
• Pages: 45-48

Guidance note | Iraq

January 2021

45

Exclusion

Given the serious consequences that exclusion may have for the individual, the exclusion grounds

should be interpreted restrictively and applied with caution.

The examples in this chapter are non-exhaustive and non-conclusive. Each case should be examined

on its own merits.

Applying the exclusion clauses, where there are serious reasons to consider that the applicant has

committed any of the relevant acts, is mandatory.

Exclusion should be applied in the following cases:

Grounds for exclusion

Refugee

status



a crime against peace, a war

crime, or a crime against

humanity

Subsidiary

protection



a crime against peace, a war

crime, or a crime against

humanity



a serious non-political crime

outside the country of refuge

prior to his or her admission as

a refugee

 a serious crime



acts contrary to the principles

and purposes of the United

Nations



acts contrary to the principles

and purposes of the United

Nations



constituting a danger to the

community or to the security

of the Member State in which

the applicant is present



other crime(s) (under certain

circumstances)

It should be underlined that the determining authority has t he burden of proof to establish the

elements of the respective exclusion grounds and the individual responsibility of the applicant; while

the applicant remains under an obligation to cooperate in establishing all facts and circumstances

relevant to his or her application.

In the context of Iraq, the need to examine possible exclusion issues may arise, for example, in cases

of applicants under the following profiles. The list is non-exhaustive:

 Members of the Baath regime, such as by Baath party members of a certain rank or level,

intelligence services, members of the military, judicial and administrative institutions

 Insurgent and/or extremist groups (e.g. ISIL, Al-Qaeda)

 Members of ISF and Peshmerga, intelligence services (e.g. Asayish) and other security actors

 Members of PMU

 Members of Sahwa