Relevant circumstances

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COMMON ANALYSIS
Last updated: January 2021

In the context of Iraq, various circumstances may require consideration of the potential applicability of exclusion grounds. 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).

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:

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 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
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 Insurgent and/or extremist groups (e.g. ISIL, Al-Qaeda)
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 Members of ISF and Peshmerga, intelligence services (e.g. Asayish) and other security actors
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 Members of PMU
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 Members of Sahwa
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 Individuals involved in tribal feuds
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 etc.

    Crimes committed by Iraqi applicants outside of Iraq (e.g. participation in ISIL’s international activities, participation in the activities of Iraqi militia in the conflict in Syria), could also lead to exclusion considerations.

    The examples mentioned in this chapter are non-exhaustive and non-conclusive. Each case should be examined on its own merits.