ИЗУЗЕЦИ ОД ПРЕСТАНКА ИЗБЕГЛИЧКОГ СТАТУСА У СЛУЧАЈУ ПРОМЕНЕ ОКОЛНОСТИ У ДРЖАВИ ПОРЕКЛА
EXCEPTIONS TO THE CESSATION OF REFUGEE STATUS DUE TO A CHANGE OF CIRCUMSTANCES IN THE COUNTRY OF ORIGIN

Summary/Abstract: Article 1C(5) of the Refugee Convention provides for cessation of the refugee status where fundamental, permanent and stable changes occurred in the country of origin and removed the risk of persecution. However, there are two exceptions to this general rule. The first exception is legally based on the general prohibition of refoulement, set forth in Article 33 of the Refugee Convention which prevents the loss of refugee status for the person who, despite positive changes in the country of origin, still has a well-founded fear of persecution in that country. This exception is based on the fear of persecution that exists at the moment of the cessation clause application and it prevents that the person who fulfills the conditions from the refugee definition be returned to a state where he/she is in danger of persecution. The second exception prevents the cessation of the refugee status of a person who may invoke compelling reasons (arising from previous prosecution) to refuse the protection of his country of origin. It is based on the traumatic experiences caused by the previous persecution, due to which the person has been recognized as a refugee. For the exception to be applied, it is necessary to examine the subjective reasons for the refugee’s denial of the home country protection. This second exception is applicable only to formally recognized refugees who have acquired that status pursuant to Article 1A(1) of the Refugee Convention. In order to determine whether the refugee meets the requirements for the application of these two exceptions and keeping the refugee status, States are obliged to establish an appropriate procedure in which each request will be examined on the merits of each individual case.

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