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Posts published in “Human Rights”

ECJ Elgafaji judgment and the 'exceptional objectivity' test for refugee protection

Having only recently considered the normative importance and weight of the provision in Article 15(c) of the European Refugee Qualification Directive (mentioned here and here), the following is a timely and, to a certain extent, also welcomed judicial instance. On 17 January the Grand Chamber of the European Court of Justice rendered its preliminary ruling in the case of  C-465/07 Elgafaji v Saatssecreteris van Justitie, concerning an Iraqi national who came to the Netherlands with his wife due to the risk to his life that he was facing back in Iraq. Before he fled from Iraq he was working for…