Terrorism and Exclusion from Refugee Protection

Abstract: The aim of this study is to provide further contributions to the field of international refugee law and exclusion from refugee protection, particularly concerning exclusion cases involving terrorism. The study establishes a framework relevant for interpreting Article 1F of the 1951 Refugee Convention (also known as the exclusion provision) in accordance with international norms. The goal is to enable a clear and consistent approach to understanding the exclusion provision, especially in cases related to terrorism. The study delves into the evidentiary standard required for exclusion under Article 1F, discussing both the meaning of the standard ‘serious reasons for considering’ and its threshold. This examination aids an understanding of when exclusion from refugee protection is triggered, focusing in particular on cases involving membership of a terrorist organisation. One of the central conclusions highlighted in this study is that the exclusion provision is contained within an international treaty and therefore should be interpreted and applied in accordance with international law standards. Here, the language of international human rights law and international criminal law should mainly be used, with an emphasis on interpreting the objectives of the 1951 Refugee Convention in good faith for the purpose of avoiding vague and arbitrary interpretation of the exclusion provision. In this regard, this dissertation underscores a position that argues against the notion that mere membership in a terrorist organisation should automatically warrant exclusion from refugee protection. Lastly, the study suggests that achieving a coherent and consistent interpretation of the exclusion provision is essential for promoting legal certainty in exclusion cases, as much as for enhancing predictability and fairness in the decision-making process.