An applicant of Palestinian origin, registered with UNRWA, applied for international protection claiming to have been threated, arrested and abused by Hamas and travelled illegally to Belgium, where he has been arrested on charges of human and minors trafficking and participation in criminal groups. The applicant was sentenced to imprisonment and excluded from refugee and subsidiary protection status.

The applicant appealed before the CALL, claiming to have acted for humanitarian reasons. Noting the EASO Practical Guide on exclusion for Serious (Non-Political) Crimes (published in December 2021) and EASO Judicial Analysis  of 2020 "Exclusion: Articles 12 and 17 Qualification Directive", the CALL confirmed the applicant’s exclusion from refugee and subsidiary protection, based on Article 1F of the Geneva Convention and art. 55/4 of the Aliens Act, because there were serious reasons to believe that the applicant has committed a serious non-political crime outside the host country. 

The administrative file of the applicant highlighted there were serious grounds to believe that the applicant played a central role in illegal trafficking of human beings, substantiated with victims’ statements, and the applicant has not provided adequate grounds for exoneration from the criminal acts.