Exclusion (clauses)

  1. definition
  2. examples and/or illustrations
  3. other useful sources
  4. bibliography
  5. case law


  1. An act or instance of excluding
  2.  The state of being excluded

Synonyms: rejection; exception.

dictionary.com http://dictionary.reference.com/browse/exclusion (accessed February 14, 2012)

  1. The act of preventing somebody/something from entering a place or taking part in something
  2. A person or thing that is not included in something
  3. The act of deciding that something is not possible

Opposite: inclusion

Oxford Advanced Learner’s Dictionary http://oald8.oxfordlearnersdictionaries.com/dictionary/exclusion (accessed March 21, 2012)

French translation: clauses d’exclusion


Examples and/or Illustrations

The term used in a sentence:

“Article 1 of the Convention provides criteria for the refugee definition, determining who should and should not receive international refugee protection. A decision to exclude an asylum seeker under Article 1F is a determination that a person is not deserving of Convention protection because of serious reasons to consider that the asylum seeker has committed severe crimes prior to arriving in the host country, which are described in Article 1F (a), (b) and (c).”

European Council on Refugees and Exiles, Background Paper for the International Course on the Application of Article 1C and Article 1F of the 1951 Convention Relating to the Status of Refugees (17-19 January 2003, Denmark), 19 January 2003, available at: http://www.unhcr.org/refworld/docid/3e71b88e4.html (accessed 23 March 2012)

A person seeking asylum is therefore excluded from the protection granted by the Refugee Convention if:

Article 1

F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
(b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
(c) he has been guilty of acts contrary to the purposes and principles of the United Nations.


Other Useful Sources

UNHCR, Refworld website, http://www.unhcr.org/refworld/topic/4565c22526/4565c25f2ff.html (accessed Mars 20, 2012)

Cambridge University Press, Summary Conclusions: Exclusion From Refugee Status, June 2003. Available from: http://www.unhcr.org/refworld/docid/470a33bad.html  (accessed 20 March 2012)

UN High Commissioner for Refugees, The Exclusion Clauses: Guidelines on their Application, (1996). Available from: http://www.unhcr.org/refworld/docid/3ae6b31d9f.html (accessed 21 March 2012)



Bliss, Michael, “Serious Reasons for Considering: Minimum Standards of Procedural Fairness in the Application of the Article 1F Exclusion Clauses” (2000) 12 Int’l J. Refugee L. 108, 92-132.

European Council on Refugees and Exiles, Position on Exclusion from Refugee Status, PP1/03/2004/Ext/CA, March 2004, 26.

Gilbert, Geoff, “Current issues in the application of the exclusion clauses”, in Erika Feller, Volker Türk and Frances Nicholson, eds, Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection (Cambridge University Press, 2003) 425 at 485.

Guild, Elspeth and Madeline Garlick, “Refugee Protection, Counter-Terrorism, and Exclusion in the European Union” (2010) 29(4) Refugee Survey Quarterly 29, 63-82.

Kaushal, Asha and Catherine Dauvergne, “The Growing Culture of Exclusion: Trends in Canadian Refugee Exclusions” (2011) 23(1) Int J Refugee Law, 54-92.

Simeon, James C., “Exclusion Under Article 1F(a) of the 1951 Convention in Canada” (2009) 21(2) Int J Refugee Law, 193-217.


Case Law


  • SZITR v Minister for Immigration and Multicultural Affairs, [2006] FCA 1759
  • VWYJ v. Minister for Immigration and Multicultural and Indigenous Affairs, [2006] FCAFC 1, Australia: Federal Court


  • Budimcic (Re), 2008 VA7-00522 (IRB)
  • Jayasekara v. Canada (Minister of Citizenship and Immigration), 2008 FC 238, 324 F.T.R. 62
  • Noha v. Canada (Citizenship and Immigration), 2009 FC 683
  • Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982


  • CRR, SR, 9 janvier 2003, no. 362645, M. A., no. 362645, France: Commission des Recours des Réfugiés (CRR), 9 January 2003


  • Federal Administrative Court, Decision of 31 March 2011 – BVerwG 10 C 2.10, BVerwG 10 C 2.10
  • Federal Administrative Court, Decision of 16 February 2010 – BVerwG 10 C 7.09, BVerwG 10 C 7.09


Other related words (may be concepts):

  • Convention refugee
  • Asylum seeker
  • Human rights breach