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:
It should be underlined that the determining authority has the 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.
■
|
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
|
■
|
Individuals involved in tribal feuds
|
■
|
etc.
|
The Qualification Directive does not set a time limit for the application of the grounds for exclusion. Applicants may be excluded in relation to events occurring in the recent and more distant past, such as during the regime under Saddam Hussein (1968 - 2003).
The following subsections provide guidance on the potential applicability of the exclusion grounds in the context of Iraq: |
|