Common European Asylum System in a Changing World

 Exclusion and Cessation Clauses Article 1(D) excludes individuals already receiving protection or assistance from another UN organ or agency 2 Article 1(F) excludes individuals with respect to whom there are serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the United Nations. Individuals who voluntarily avail themselves of the protection of their country of nationality or habitual residence or individuals who have received protection in a third country are also not considered refugees.  Refugee Rights Refugee law and international human rights law are closely related even if governments are not always able and willing to respect them in practice. In addition, refugee law also interferes with international humanitarian law in cases where the fear of persecution or threat to life or safety arises in the context of an armed conflict. The list of the rights listed below cannot be therefore exhaustive and the rights of refugees must be interpreted in its complexity. o Non-refoulement The obligation of States not to refoul, or return, a refugee to “the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.” Article 33(1) of the 1951 Convention 3 There are two important exceptions (Article 33(2)): • where there are “reasonable grounds” for regarding the refugee as a danger to the national security of the host country • where the refugee, having been convicted of a particularly serious crime, constitutes a danger to the host community o Freedom of movement o Right to liberty and security of the person o Right to family life o Other rights

2 This exclusion applied to Koreans receiving aid from the United Nations Korean Reconstruction Agency (UNKRA) and Palestinians receiving aid from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and continues to apply to the latter. 3 For the application of the non-refoulment principle within the framework of EU asylum acquis see Case of M.S.S. v. Belgium and Greece [GC], no. 30696/09, ECHR 2011, Judgment of 21 January 2011.

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