Exclusion of Persons Who Have Links with Terrorism From Refugee Status In View of the Court of Justice of the European Union’s Judgments

Abstract

Today, terrorism threatens not just international peace and security but also national security and public order. With the increase of terrorist attacks in recent years, states have been implementing stricter policies and excluding more foreigners who have links with terrorism from refugee status. Exclusion of persons who have links with terrorism from refugee status falls within the scope of Article 1 F of the Convention relating to the Status of Refugees (1951 Convention). Similar provisions to Article 1 F of the 1951 Convention can be found in European Union Law and Turkish Law. The Court of Justice of the European Union (CJEU) has clarified a number of important issues related to terrorism and exclusion over the years. In this study, the principles introduced by the CJEU on the exclusion of persons who have links with terrorism from refugee status will be identified through an analysis of the following decisions: Bundesrepublik Deutschland v B (C-57/09) and D (C-101/09), H. T. v Land Baden-Württemberg, C 373/13 and Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani, C-573/15. In doing so, how the CJEU interprets Article 12 of the Directive 2011/95/EU of the European Parliament and of the Council which is modelled after Article 1 F of the 1951 Convention will be outlined.