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12/12/2023
NO: The Supreme Court ruled on the exclusion from international protection of a Syrian former conscripted soldier for complicity under Article 1F (b) of the Refugee Convention, in the arrest and surrender of opposition members to the security forces who were then subjected to torture and homicide.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
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
Reference
Norway, Supreme Court [Noregs Høgsterett], Applicant v Norwegian Directorate of Immigration (UDI), HR-2023-2351-A, 12 December 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4035
Case history

Norway, Court of Appeal [Lagmannsrettane], A. v Immigration Board, LB-2022-152712, 10 January 2023. Link redirects to the English summary in the EUAA Case Law Database.

Other information
Abstract

According to the summary provided by the Supreme Court:


"An asylum seeker from Syria, who initially met the requirements for recognition as a refugee in section 28 subsection 1 of the Immigration Act, was excluded from refugee status by the immigration authorities under section 31 subsection 1 (b). As a conscript soldier in Syria in the spring of 2011, he had been ordered to participate in house searches where opposition figures were arrested and handed over to the security forces. Those arrested were later subjected to torture and homicide. He was aware of this. The Supreme Court, like the Court of Appeal, found that the question of whether section 31 (b) of the Immigration Act, see Article 1F (b) of the Refugee Convention has been violated, must be assessed in accordance with international standards, including the Refugee Convention and guidelines of the United Nations High Commissioner for Refugees, and not the law of the country of refuge. Reference was made to the wording and considerations of purpose. The Supreme Court further concluded, unlike the Court of Appeal, that the relevant participation in the arrest and surrender of persons who risked being subjected to torture and homicide was objectively to be regarded as complicity under Article 1F (b) of the Refugee Convention. It was not a condition that the act of complicity had resulted in a difference in the main act, as the Court of Appeal had assumed. The judgment of the Court of Appeal was set aside."


Country of Decision
Norway
Court Name
NO: Supreme Court [Noregs Høgsterett]
Case Number
HR-2023-2351-A
Date of Decision
12/12/2023
Country of Origin
Syria
Keywords
Exclusion
Serious (non-political) crime
Source
Lovdata