ABSTRACT
This chapter will focus on the application of the exclusion clauses contained in Article 1F of the 1951 UN Convention Relating to the Status of Refugees as they are applied in Ireland. In reviewing the case law of the International Protection Appeals Tribunal and its predecessor, the Refugee Appeals Tribunal, since 2013, as well as the jurisprudence of the Irish Superior Courts over the last ten years, it will set in context national, EU and international law in this specialist area of international protection law. It will also set out the application of exclusion clauses relevant in the area of subsidiary or humanitarian protection.
This chapter will further explore the influence of the Court of Justice of the European Union (hereinafter CJEU) and that of other EU Member States’ courts and tribunals on the decision making of the Irish International Protection Appeals Tribunal and the High Court of Ireland. It will be proposed that although the Irish courts, and to some extent also the Tribunal have, at least to some extent, continued to follow their tradition of seeking non-binding guidance in the case law of other common law jurisdictions, it is likely that the influence of the CJEU will develop further, in particular if Ireland was to decide to opt into the legislative measures contained in the EU New Pact on Migration and Asylum.
