Exclusion

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This country guidance is currently under review. In view of the recent significant changes, notably the Taliban takeover, assessments within this document may no longer be valid. When examining the international protection needs of applicants from Afghanistan, please consider the most up-to-date country of origin information available.

GUIDANCE NOTE
Last updated: December 2020
 
Given the serious consequences that exclusion may have for the individual, the exclusion grounds should be interpreted restrictively and applied with caution.
The examples in this chapter are non-exhaustive and non-conclusive. Each case should be examined on its own merits.

Applying the exclusion clauses, where there are serious reasons to consider that the applicant has committed any of the relevant acts, is mandatory.

Exclusion should be applied in the following cases:

It should be underlined that the determining authority has the burden of proof to establish the elements of the respective exclusion grounds and the individual responsibility of the applicant, while the applicant remains under an obligation to cooperate in establishing all facts and circumstances relevant to his or her application.

In the context of Afghanistan, numerous circumstances and different profiles may require consideration of the potential applicability of exclusion grounds. The QD does not set a time limit for the application of the grounds for exclusion. Applicants may be excluded in relation to events occurring in the current conflict as well as in past conflicts (e.g. the ‘Saur’ Revolution and Khalq Regime (1978-1979), the Soviet Afghan War (1979-1989), the conflict between the Afghan Government and the Mujahideen Forces (1989-1992) and the Afghan Civil War (1992-1996), the Taliban Regime (1996-2001)). Afghan nationals have also been involved in conflicts outside Afghanistan, which may be of relevance for exclusion considerations. COI indicates that excludable acts are committed by many actors, both in relation to the armed conflicts, as well as in the context of general criminality and human rights abuses.

 

 

             The following subsections provide guidance on the potential    applicability of the exclusion grounds in the context of Afghanistan.
 

 

 

 

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