Academic Paper from the year 2018 in the subject Law - European and
International Law, Intellectual Properties, University of Malta, course:
M.A. European Politics, Economics and Law, language: English, abstract:
The present work takes a closer look at the rare case of exclusion in
asylum law. This article will analyse into detail which crimes and acts
are taken in consideration. First, it will give an introduction of the
legal framework of exclusion. In the second part it will analyse in
depth the steps of the exclusion assessment, referring to experts such
as EASO and the UNHCR. The article will conclude with a summary of the
findings. Exclusion is a rare circumstance in the asylum procedure. The
criteria to establish inclusion exactly like exclusion are set out in
the Convention Relating to the Status of Refugees, from now on 1951
Refugee Convention. An asylum seeker who applied for international
protection will go through an assessment done by an authority
establishing whether he or she is entitled for international protection.
If the person is entitled to protection according to the refugee
definition stated in the 1951 Refugee Convention the person will be
included. Being included means that the person needs protection because
he or she has been forced to flee his or her country because of
persecution, a refugee has a well-founded fear of persecution for
reasons of race, religion, nationality, political opinion or membership
in a particular social group. Being included is also a prerogative for
exclusion, a person cannot be excluded if he or she is first not
included. The principle of exclusion is that the person who applied for
asylum does not deserve protection. The aim of the 1951 Refugee
Convention is to protect potential victims, not to protest criminals,
therefore it does not have to be misused. The reason for not deserving
protection can be mainly three. The first case is when the person is
already beneficiary of protection, because he or she receives
