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Council Directive 2004/83/EC of 29 April 2004 on minimum… Article 12

Council Directive 2004/83/EC of 29 April 2004 on minimum… Article 12

Exclusion

Article 12

1.   A third country national or a stateless person is excluded from being a refugee, if: (a) he or she falls within the scope of Article 1 D of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Directive; (b) he or she is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; or rights and obligations equivalent to those. 2.   A third country national or a stateless person is excluded from being a refugee where there are serious reasons for considering that: (a) he or she 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 or she has committed a serious non-political crime outside the country of refuge prior to his or her admission as a refugee; which means the time of issuing a residence permit based on the granting of refugee status; particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes; (c) he or she has been guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Articles 1 and 2 of the Charter of the United Nations. 3.   Paragraph 2 applies to persons who instigate or otherwise participate in the commission of the crimes or acts mentioned therein.

Read the full instrument → · Read this in context: CHAPTER III — QUALIFICATION FOR BEING A REFUGEE →

Other provisions in CHAPTER III — QUALIFICATION FOR BEING A REFUGEE

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 12 of Council Directive 2004/83/EC of 29 April 2004 on minimum… (LawPlayer, data as of 2026-07-04)

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