Common European Asylum System in a Changing World

The notion of international protection

International protection is a tool of EU law – it has no direct basis in international law. According to the directive ‘international protection’ means refugee status and subsidiary protection status.

Qualification directive covers these areas:

• Incorporation of the 1951 Geneva Convention’s refugee definition into EU law and definition of exclusion and cessation situations as well as definitions of associated terms The Geneva Convention and the Protocol provide the cornerstone of the international legal regime for the protection of refugees. With regard to the Geneva Convention, the Qualification directive regulates: o Who is a refugee (i.e. “INclusion clause” ) – Article 2(d)  A ‘refugee’ means a third-country national who, owing to a well-founded fear of being PERSECUTED for reasons of race, religion, nationality, political opinion or membership of a particular social group , is outside the country of nationality and is unable or , owing to such fear, is unwilling to avail themselves of the protection of that country , or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 (exclusion clause) does not apply. o Who is excluded from being a refugee (i.e. “ EXclusion clause ”) – Article 12 ! Check two situations of exclusion – either a person does not need to benefit from being a refugee OR a person does not deserve to be a refugee  NO NEED: A third-country national or a stateless person is excluded from being a refugee if: a) they fall within the scope of Article 1(D) of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations (…) b) they are recognised by the competent authorities of the country in which they have taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or rights and obligations equivalent to those.  NOT DESERVING A third-country national or a stateless person is excluded from being a refugee where there are serious reasons for considering that: a) they have committed a crime against peace, a war crime, or a crime against humanity, (…) b) they have committed a serious non-political crime outside the country of refuge prior to their admission as a refugee, (…)

50