Case No. UKUT-00137-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00137-(IAC)

Fecha: 26-Nov-2015

The FTT’s Approach

9. In its determination the FTT quoted paragraph 75 from Al-Sirri (see paragraph 8). At paragraph 17 the FTT asked what it was that the Secretary of State must persuade them of “to the appropriate standard” to enable them to decide that the appellant should be excluded from the Refugee Convention under Article 1F(c). They answered that question at paragraph 18 as follows: “18. The respondent has to adduce clear, reliable and admissible evidence showing, at least to the balance of probabilities, that:- (a) Mr Y perpetrated, or made substantial contribution, to particular crimes; (b) those crimes constituted acts which threatened international peace and security, and, particular, but not purely domestic matters; (c) insofar as reliance is placed on crimes said to have been committed by other members of an organisation, Mr Y was not only a member of that organisation, but had a role within it, and knowledge of its activities, sufficient to show that he had responsibility for the actions of those others.” 10. Having considered the evidence the FTT concluded at paragraph 34 as follows: “34. The respondent has failed to provide sufficient evidence, for us to conclude to the required standard, at the highest (and to the balance of probability, at the lowest) that the appellant should be excluded from the Refugee Convention under Article 1F(c) because there are serious reasons for considering that he has been guilty of acts contrary to the purposes and principles of the United Nations.”