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Belgium
Country of Decision : Belgium
Court Name : BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Date of decision : 29/01/2019
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : n° 215 964

X. (Morocco) v Commissioner General for Refugees and Stateless Persons

Morocco

BE: The CALL ruled on exclusion case due to acts contrary to the purposes and principles of the United Nations

According to the press release of the Court:

The Council confirms the exclusion of refugee status and subsidiary protection status for a Moroccan national. He considers that there are serious reasons to believe that he has been committed acts contrary to the purposes and principles of the United Nations.

The application of an exclusion clause only serves to preclude the grant to the applicant of a privileged status in Belgium, whether as a refugee or as subsidiary protection. In its judgment, however, the Council recalls that the Belgian authorities nevertheless remain bound by the international obligations deriving from Articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such an examination under Articles 2 and 3 of the ECHR involves assessing the compatibility of this possible removal measure.

Assessment of Application; Exclusion; Non-refoulement; Return/Removal/Deportation;

European Convention on Human Rights; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO IDS

Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. (Morocco) v Commissioner General for Refugees and Stateless Persons, n° 215 964, 29 January 2019. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=864