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Encouragement and incitement sufficient to exclude refugees from Convention protection

Encouragement and incitement is sufficient for a refugee to fall within the exclusion clauses of the Refugee Convention, the tribunal has held:

For a person to be excluded from refugee protection under Article 1F(c) of the Refugee Convention on the basis that they knowingly incited and encouraged acts contrary to the purposes and principles of the United Nations it is not necessary to show that such acts have actually been committed or attempted.

The tribunal has always preferred an expansive definition to the exclusion clauses with the effect of denying protection and the higher courts have had to correct this on a number of occasions. So it may prove to be with this latest pronouncement.

Source: Youssef (Refugee Convention – Article 1F(c)) [2016] UKUT 137 (IAC) (2 March 2016)

Colin Yeo
A barrister specialising in UK immigration law at Garden Court Chambers in London, I have been practising in immigration law for 15 years. I am passionate about immigration law and founded and edit the Free Movement immigration law blog.

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