The Relationship between Refugee Exclusion Law and International Law: Convergence or Divergence? (2024)

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63 years after the adoption of the Refugee Convention, much uncertainty persists about the exact interpretation of the evidentiary 'serious reasons for considering' standard of proof to be applied for exclusion decisions under Article 1(F)(a) of the Refugee Convention. This uncertainty is to be deplored, because it creates unpredictability and puts allegedly criminal asylum seekers in an unequal position vis-à-vis each other, which may result in 'forum shopping'. To counter further fragmentation, the author argues that national courts and authorities, when deciding in cases of exclusion, should draw upon the 'reasonable grounds to believe' threshold for the issuing of an arrest warrant or summons to appear in the Rome Statute, which, prima facie, can be equated with the 'serious reasons for considering' standard.

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The Relationship between Refugee Exclusion Law and International Law: Convergence or Divergence? (2024)
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