...paragraphs 10 and 11 above). 14. In Bundesrepublik Deutschland v B and D (Cases C-57/09 and C-101/09) [2011] Imm AR 190, the Court of Justice...residence. This seems to be the view of the Grand Chamber in Bundesrepublik Deutschland v B (C-57/09) and D (C-101/09) [2011] Imm AR 190 expressed with regard to...) confirming on reconsideration the Respondent's decision that the Appellant is excluded from the Refugee Convention under Articles 1F(b) and (c). Article 1F2. Article 1 of...

...Justice of the European Union in Germany v B and D C-57/09, C-101/09, [2010] ECR I-10979, [2012...view of the Grand Chamber in Bundesrepublik Deutschland v B (C-57/09) and D (C-101/09) [2011] Imm AR 190 expressed with regard to Articles 12(2)(b) and (c) of the European Directive but...appellant, and was to the effect that he was excluded from the Convention's protection under Article 1F(b) and (c). The case then came to this court, which...

...v Germany (C-57/09 and C-101/09; 9 November 2010). It found that: (a)  International terrorist acts are generally speaking and irrespective of any State...application of article 1F; it merely gives expression to what is already well understood in international law. This is true too of paragraphs (b), (c) and (d) of article 25(3) of the ICC Statute, each of..., falls within article 25(3)(a). Paragraph (b) encompasses those who order, solicit or induce (in the language of article 12(3) of the Directive, "instigate") the commission of the crime; paragraph (c...

...former habitual residence. This seems to be the view of the Grand Chamber in Bundesrepublik Deutschland v B (C-57/09) and D (C-101/09) [2011] Imm AR 190... expressed with regard to Articles 12(2)(b) and (c) of the European Directive but, it seems to me, equally apposite for the Geneva Convention: "108. Exclusion from refugee status on one of the...grounds laid down in Article 12(2)(b) or (c) of Directive 2004/83 is linked to the seriousness of the acts committed, which must be of such a degree that the person concerned cannot legitimately...

...knowledge that his act or omission would facilitate the act. In Bundesrepublik Deutschland v B and D (Joined Cases C-57/09 and C-101/09) [2011] Imm AR 190 ("B...and inciting terrorist acts' qualify for exclusion under article 1F(c), if distinguished by these larger characteristics." (Emphasis supplied)32. B and D was decided by...)(b) or an act contrary to the purposes and principles of the United Nations within article 12(2)(c) of the Qualification Directive. 33. The Advocate General drew a distinction between...

...Germany v. B and D (Joined Cases C-57/09 and C-101/09) where the Court of Justice considered the Exclusion Clause as provided...Germany v. B and D (C-57/09 and C-101/09), even where a person has been sentenced and served a...” in his ASY1 Form. Accordingly, it was submitted that the applicant’s crimes came within the definition provided in sub-paragraph (ii) of s. 2(c). 57. The applicant accepted his...

...considered by the Court of Justice of the European Union in its judgment of 9th November, 2010, in cases C-57/09 and C-101/09 Bundesrepublik Deutschland v. B & D [2010] E.C.R. 1...and acts identified in subparas. (a), (b) and (c) of the Article. 15. Although it is possibly true that the Tribunal member is careful not to rely upon a presumption of culpability...against humanity in the manner required by the Court of Justice in B. und D.” 2. The background to the proceedings can be summarised as follows. The applicant is a national of...

...Deutschland v B and D (Cases C-57/09 and C- 101/09) CJEU (Grand Chamber) the applicants were Turkish Kurds, each of whom had been a member of an organisation which employed terrorist methods. B was a...Lanka) v SSHD [2010] UKSC 15. (See also Joined Cases C-57/09 and C-101/09 Bundesrepublik Deutschland v B and D...15 the Supreme Court decided that a person may be excluded from protection under Article 1F if there were "serious reasons for considering" that the person falls within Articles 1F(a)(b) or (c...

...[2010] UKSC 15. (See also Joined Cases C-57/09 and C-101/09 Bundesrepublik Deutschland v B and D [2011] Imm AR 190). 2. However, in establishing this (wider) form...what is already well understood in international law. This is true too of paragraphs (b), (c) and (d) of article 25(3) of the ICC Statute, each of which recognises that criminal responsibility is... BeforeMR C M G OCKELTON, VICE PRESIDENTSENIOR IMMIGRATION JUDGE GRUBBIMMIGRATION JUDGE COKER...

...Justice of the European Union had similarly concluded that individual participation in crime was needed in Bundesrepublik Deutschland v B and D (Cases C-57/09 and C-101/09) [2011] Imm AR...under both Articles 1F(c) and 1F(b). 11.  The decision of the Supreme Court in R (JS (Sri Lanka)) v Secretary of State for the Home Department...relation to Article 1F(c) may be found in the decision of the Supreme Court in Al-Sirri and another v Secretary of State for the Home Department...

...required. Those paragraphs included, at [36], the UNHCR's statement to the Grand Chamber in Bundesrepublik Deutschland v B and D  (Cases C-57/09 and C-101/09)  [2011] Imm...of sentence The length of prison sentence alone is not determinative of whether the claimant should be excluded under Article 1F(b). In AH (Algeria) v Secretary of...Article 12(2)(b) or (c) of Directive 2004/83, as stated in respect of the answer to the first question, is linked to the seriousness of the acts committed, which must be of such a degree that the...

...the context of the Court of Justice’s decision in Joined Cases C-57/09 and C-101/09 Bundesrepublik Deutschland v. B. und D. [2010] ECR I-000, it...Attorney General v. Tamil X [2010] NZSC 107 and, finally, the decision of the Court of Justice in Joined Cases C-57/09 and C-101/09 Bundesrepublik Deutschland v. B und...case of ‘serious non-political crime’ or ‘acts contrary to the purposes and principles of the United Nations’ within the meaning of Article 12(2)(b) or (c) of Directive 2004/83...

...decision of the Court of Justice in Case C-57/09 and Case C-101/09 Bundesrepublik Deutschland v. B und D [2010] E.C.R. I-000, para. 121 where the Court...protection is considered only after an unreasonable length of time”: see C-604/12 HN v. Minister for Justice, Equality and Law Reform [2014] E.C.R. I...where the comparator had been with domestic law remedies. This point was well expressed by Advocate General Lger in Case C-326/96 Levez v T. H. Jennings (Harlow Pools...

...nation against its will. The SCC also considered Germany v B and D C-57/09, C-101/09, [2010] ECR I-10979, a case concerning the.... " 135. The above extract followed an assessment by the majority of the Canadian Supreme Court of the CJEU's decision in Germany v B and D C-57/09, C...tribunal as to the approach to be adopted towards 1F(b) in AH which was concerned with 1F(c). 57. Mr Jacobs argued that the facts in Al-Sirri were very different. He had been acquitted...

...Germany v B and D C-57/09, C-101/09, [2010] ECR I-10979, a case concerning the interpretation of Article 12 (2)(b) & (c) of the Qualification Directive (Directive 2004/83...assessment by the majority of the Canadian Supreme Court of the CJEU's decision in Germany v B and D C-57/09, C-101/09, [2010] ECR I...T v Immigration Officer [1996] AC 742 when directly addressing Article 1F(b). But for the 2015 Panel's error over the proper...

...SSHD [2011] 1AC 184, para 38-9). This was also consistent with the three stage test proposed by the Advocate General in Joined Cases C-57/09 and C-101/09 B and D v Germany...approved by the CJEU Grand Chamber in B and D v Germany para 90.25. Although these different sources may seem confusing at first...1(F)(c) of the Refugee Convention (or the equivalent provisions under the EU Qualifications Directive). That excludes a person otherwise entitled to protection, if : "(c) he has been...

...European Union in Joined Cases C-57/09 and C-101/09, Bundesrepublik Deutschland v. B and D, EU:C:2010:661. This judgment was delivered in respect of the previous version of the Qualification.... 19. The CJEU held that, before a finding can be made that the grounds for exclusion laid down in Article 12(2)(b) or (c) of Directive 2004/83/EC apply, it is necessary to carry out an individual...(b) and (c) of Article 12(2) of Directive 2004/83 - in the same way, moreover, as points (b) and (c) of Article 1F of the 1951 Geneva Convention - permit the exclusion of a person from refugee status...

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.... Mr Bryce referred us to the Court of Justice of the European Union's decision in Bundesrepublik Deutschland v B & D [2010] EU ECJ (C-57/09) and the Supreme Court's decision in JS.42...Article 12(2)(b) or (c) of Directive 2004/83 can be adopted."52. Then at para [99] the Court again emphasised the need for "an assessment on a case-by-case basis of the specific facts...DETERMINATION AND REASONS 1. This is an appeal against a decision of the First-tier Tribunal (Immigration Judge C M Phillips) dismissing the appellant's appeal against...

...Directive (see para, 21 of Joined Cases C-57/09 and C-101/09 Germany v. B and Germany v. D [2010] E.C.R. I-10979). Article 13...of the legal source of the grounds upon which an applicant for relief is relying (see for example Case C-188/95 Fantask, Case C-279/96 Annaldo, Case 246/09 Bulicke - all of which.... Principle of Equivalence 58. Both parties have relied on Case C-246/09, Bulicke [2010] E.C.R. I-07003 as one of the more recent leading cases setting out the principles...