UNHCR Statement on Article 1D of the 1951 Convention

This UNHCR Statement is issued in the context of the preliminary ruling reference to the Court of Justice of the European Communities (ECJ) from the Budapest Municipal Court regarding the interpretation of Article 12(1)(a) of the Qualification Directive.

The questions posed by the Budapest Municipal Court concern the criteria for exclusion from refugee status under Article 12(1)(a) of the Qualification Directive, as well as the conditions under which protection or assistance of a UN organ other than UNHCR are considered to have ceased, and the consequences for the entitlements of the concerned person under the Qualification Directive.

In this context, UNHCR expresses its view on these issues arising in the preliminary ruling reference of 26 January 2009. Part 1 of this Statement addresses the need to interpret the Qualification Directive in accordance with the 1951 Convention and in the light of UNHCR's authoritative guidance. Part 2 provides UNHCR's interpretation of Article 1D of the 1951 Convention. Part 3 sets out UNHCR's views on the specific questions submitted to the ECJ.

The Statement will also be made available at http://www.unhcr.org/eu.