Practical guide: Exclusion

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Asylum processes

This practical guide is intended to assist in the detection and examination of potential exclusion cases. The guide focuses on exclusion grounds under Article 12(2) and Article 17 Qualification Directive (2011/95/EU) and covers the following aspects: what is exclusion?; detection of potential exclusion cases; referral and procedural guarantees; interview with a focus on exclusion: preparation and conducting the interview; evidence assessment; legal analysis: qualification of excludable acts and individual responsibility; drafting the decision elements related to exclusion; referral for investigation and/or prosecution. This tool consists of checklists, brief guidance and references to relevant legislation and case law. It also envisages dedicated space for capturing national approaches.

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