Exclusion

• Author: European Asylum Support Office (EU body or agency)
• Pages: 176-187

Common analysis | Iraq

January 2021

176

6. Exclusion

This chapter looks into the potential applicability of the exclusion grounds under Article 12(2) QD

and Article 17(1) QD in relation to acts committed by applicants from Iraq.

The content of this chapter is structured as follows:

Following the Preliminary remarks, this chapter provides general guidance on the applicability of the

Exclusion grounds.

It further outlines some of the factual circumstances in which exclusion may be relevant (Relevant

circumstances).

Conclusions and guidance concerning the application of the different exclusion grounds to these

circumstances is included under Guidance with regard to Iraq.

For further general guidance on exclusion, see the ‘EASO Practical Guide: Exclusion’.

Preliminary remarks

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

committed any of the relevant acts, is mandatory.

This chapter focuses on the exclusion of applicants found not to dese rve international protection in

accordance with Article 12(2 ) QD and Article 17(1) QD.

If a person would otherwise qualify for refugee status, the following would constitute exclusion

grounds, according to Article 12(2) and (3) QD:

Article 12(2) and (3) of the Qualification Directive

Exclusion (refugee status)

2. A third-country national or a stateless person is excluded from being a refugee where there

are serious reasons for considering that:

(a) he or she has committed a crime against peace, a war crime, or a crime against

humanity, as defined in the international instrument s drawn up to make provision in

respect of such crimes;

(b) he or she has committed a serious non-political crime outside the country of refuge

prior to his or her admission as a refugee, which means the time of issuing a residence

permit based on the granting of refugee status; particularly cruel actions, even if

committed with an allegedly political objective, may be classified as serious non-

political crimes;

(c) he or she has been guilty of acts contrary to the purposes and principles of the United

Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United

Nations.

3. Paragraph 2 applies to persons who incite or otherwise participate in the commission of the

crimes or acts mentioned therein.