Last updated: June 2022
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:
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 their application.
In the context of Somalia, numerous circumstances and different profiles may require consideration of the potential applicability of exclusion grounds. The QD does not set a time limit for the application of the grounds for exclusion. Applicants may be excluded in relation to events which have occurred in the recent and more distant past (e.g. acts committed by the Islamic Courts Union, acts committed during the civil war in 1988-1991).
COI indicates that excludable acts are committed by many actors both in relation to armed conflicts, as well as in the context of general criminality and human rights abuses.
The following subsections provide guidance on the potential applicability of the exclusion grounds in the context of Somalia.