chapter  6
Onus of proof, past persecution and the compelling reasons exception to cessation
WithMaria O’Sullivan
Pages 28

This chapter addresses the humanitarian aspect of past persecution via applicability of the ‘compelling reasons’ proviso to cessation. There are two important European cases on cessation and standard of proof which have been handed down: the Court of Justice ruling in Abdulla and the decision of the German Federal Administrative Court in A and R v. Federal Republic of Germany, Bundesverwaltungsgericht 10 C 3.10. It is generally agreed that the onus of proof in cessation decisions is on the governmental authorities seeking to revoke a refugee’s status. However, the standard of proof in relation to new claims asserted by applicants as part of cessation procedures is more complex. The judgements of the Court of Justice of the European Union and the German Federal Court on the standard of proof are of significance given that the interaction between cessation and past persecution has to date not been analysed in detail in jurisprudence.