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Exclusion

This chapter looks into the potential applicability of the exclusion grounds under Article 12(2) QD and Article 17(1) QD.

Grounds for exclusion

Refugee status
  • a crime against peace, a war crime, or a crime against humanity

Subsidiary protection
  • a crime against peace, a war crime, or a crime against humanity

  • a serious non-political crime outside the country of refuge prior to his or her admission as a refugee

  • a serious crime

  • acts contrary to the principles and purposes of the United Nations

  • acts contrary to the principles and purposes of the United Nations

  • constituting a danger to the community or to the security of the Member State in which the applicant is present

  • other crime(s) (under certain circumstances)

The analysis highlights the relevant factual circumstances prevailing in the country of origin which might require consideration of the potential applicability of exclusion grounds. Conclusions and guidance concerning the application of the different exclusion grounds to these circumstances are also included in the document.

The analysis and guidance in this chapter do not aim to be exhaustive, but rather to act as a reminder for caseworkers to consider the potential applicability of exclusion grounds in relevant cases.

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For general guidance on exclusion, see the EUAA Practical Guide: Exclusion.

For general guidance on the application of the exclusion ground ‘serious (non political) crime’, see the EUAA Practical Guide on Exclusion for Serious (Non-Political) Crimes.