Week 4 Preparations

Week 4 Preparations

by Ellen Maria Trnrosa Allde -
Number of replies: 0

Hello everyone!

In week 4, we are moving to the exclusionary elements to refugee status. This means those who would otherwise constitute a refugee but are excluded by article 1F of the Convention. This is where a ‘putative refugee’ is deemed ‘undeserving’ of international protection by their past criminality. The Gilbert and Bentajou paper provides a short overview of exclusion, whereas the Introduction to Sarah Singer’s book is far more comprehensive. While you are reading, make sure to consider the following questions:

  1. On what grounds can a person who fears persecution be excluded from refugee status? Would involved in ‘terrorist’ activities be such a ground? Would membership of a rebel army or even a ‘terrorist’ group be such a ground?
  2. How is 'terrorism' and 'terrorist group' to be defined?
  3. Is the severity of the persecution feared a relevant factor in weighing up whether to exclude a person from refugee status?
  4. What is the difference between an exclusion decision and a criminal trial? Can criminal standards inform refugee decisions and what might be the limits of employing such standards?

Consolidation Activity

The consolidation activity will require you to prepare a third-party legal intervention (TPI) to advise the Arcadian Refugee Appeals Board regarding Tolep’s case. The case description is uploaded on QMplus. As a legal advisor on behalf of UNHCR, your submissions will help the Appeals Board make a decision on the case. You should prepare a ‘best law’ interpretation on whether he could be excluded from refugee status according to article 1F of the 1951 Convention. The TPI should be a minimum three pages, as you cannot rely too extensively on the specific standards of any ‘real’ domestic jurisdiction. Guidance and examples on how to draft a TPI can be found here: (New window) Justice TPI, (New Window) PublicLaw Project Guidance, (New Window) UNHCRinterventions. Please submit these to my email (e.allde@qmul.ac.uk) by 12:00 PM (noon) on 20 October for easier peer feedback during our seminar.

Have a lovely week!

Ellen