The Commissioner General examines whether the applicant does not fall under one of the exclusion grounds . The Commissioner General applies the exclusion ground only with utmost care given the serious consequences for the applicant. The burden of proof lies with the CGRS. In every exclusion decision, the Commissioner General also renders an advice on a possible removal.
Exclusion from the definition of refugee
An applicant is excluded from recognition as a refugee if, at the time of the decision, (s)he receives protection or assistance from UNRWA (the United Nations Relief and Works Agency for Palestine Refugees in the Near East). If, for whatever reason, the protection or assistance has stopped at the time of the decision, the applicant is considered as a refugee based on this fact.
An applicant is excluded from recognition as a refugee if there are serious grounds to consider that
- (s)he has committed a crime against peace, a war crime or a crime against humanity, as defined in international criminal law and humanitarian law
- (s)he committed a serious, non-political offence outside Belgium before being admitted here as refugees
- (s)he has committed acts that go against the objectives and principles of the United Nations.
Exclusion from the definition of a person eligible for subsidiary protection
An applicant is excluded from subsidiary protection when there are serious reasons to consider that
- (s)he has committed a crime against peace, a war crime or a crime against humanity, as defined in the relevant international conventions;
- (s)he has committed acts that go against the objectives and principles of the United Nations;
- (s)he has committed a serious crime prior to his/her arrival on the territory or was convicted of a serious crime after his/her arrival;
- (s)he poses a threat to society or to national security.
The CGRS may also conclude that the applicant is excluded from the definition of a person eligible for subsidiary protection
- if the applicant committed a crime in his country of origin that does not fall under the existing grounds for exclusion but would be punishable in Belgium by imprisonment, and
- if the applicant left his/her country of origin solely to escape punishment for this crime.
These grounds for exclusion also apply to persons who encourage or otherwise participate in these crimes or acts
The Commissioner General takes into account the seriousness of the crimes or acts committed, the individual responsibility of the person concerned and all the circumstances surrounding those crimes or acts and the situation of that person.