I.
Applicability of Article 1F
36. Persons with respect to whom there are serious reasons for considering that they
have committed acts within the scope of Article 1F of the 1951 Convention74 are not
entitled to international protection as refugees.75
III. PROCEDURAL AND EVIDENTIARY ISSUES
A. Individual assessment
37. Although Article 1D recognizes a specific class of refugees receiving the protection
or assistance of a United Nations entity other than UNHCR, the application of Article
1D will normally be assessed on an individual basis.76
B. Time of assessment
38. The assessment is whether, at the time the individual claim is considered, the
protection or assistance of UNRWA has ceased such that the applicant is unable or
unwilling to (re)avail him/herself of that protection or assistance for an objective reason
beyond his/her control.
C. Burden and standard of proof
39. In applications for refugee status or protection, including those under Article 1D,
the burden generally rests on the applicant to produce evidence as far as possible to
support his or her statements and to substantiate the claim. The applicant is required
to give a truthful account of facts relevant to his or her claim so far as these are within
his or her own knowledge, and insofar as there is information that is available to him
or her and which s/he can reasonably be expected to provide to the decision-maker. A
decision-maker shares the duty of ascertaining the facts relevant to the
determination.77
40. Article 1D requires an examination of whether (i) the applicant falls within the
category of Palestinian refugees who is receiving or eligible to receive the protection
or assistance of UNRWA and (ii) the protection or assistance of UNRWA has ceased
74 Article 1F states that the provisions of the 1951 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.”
75 UNHCR, Guidelines on International Protection No. 5: Application of the Exclusion Clauses: Article
1F of the 1951 Convention relating to the Status of Refugees, 4 September 2003, HCR/GIP/03/05,
http://www.refworld.org/docid/3f5857684.html. See also, Background Note on the Application of the
Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees, 4 September
2003, http://www.refworld.org/docid/3f5857d24.html.
76 A group-based approach, such as the prima facie recognition of refugee status, may be appropriate
in certain circumstances: see UNHCR, Guidelines on International Protection No. 11: Prima Facie
Recognition of Refugee Status, (“Prima Facie Guidelines”), 24 June 2015, HCR/GIP/15/11,
http://www.refworld.org/docid/555c335a4.html.
77 UNHCR Handbook, note 47 above, paras 196-205; UNHCR, Note on the Burden and Standard of
Proof in Refugee Claims, 16 December 1998, http://www.refworld.org/docid/3ae6b3338.html.
17
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