7.2. Exclusion based on the commission of a serious crime

COMMON ANALYSIS
Last update: January 2025

Article 12(2)(b) QD and Article 17(1)(b) QD|Article 12(2)(b) QR and Article 17(1)(b)QR 

Criminal activity in Iran, including drug trafficking and trafficking in human beings, women and girls is reported in Iran [Country Focus 2024, 4.11.7]. Such serious (non-political) crimes would trigger the application of Article 12(2)(b)/Article 17(1)(b) QD/QR.

Violence against women and children (for example, in relation to domestic violence, sexual violence, honour-based violence, including honour killings, forced and child marriage) is also widely reported in Iran and could also potentially amount to a serious (non-political) crime. [Country Focus 2024, 4.11.4; 4.11.6; 4.11.8]

Some serious (non-political) crimes could be linked to an armed conflict (e.g. if they are committed in order to finance the activities of an armed group) or could amount to crime against humanity committed as a part of a systematic or widespread attack against a civilian population, in which case they should instead be examined under Article 12(2)(a)/Article 17(1)(a) QD/QR.

In relation to exclusion from refugee status, a crime could fall under this ground if committed in Iran or any third country (for example, while the applicant resided in countries of transit, etc.) prior to the admission of the applicant as a refugee, which means the time of issuing a residence permit based on the granting of refugee status. In relation to subsidiary protection, serious crimes committed by Iran applicants in the host country, would also lead to exclusion.