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SM v. State Secretary for Justice

The Netherlands.  29 May 1980 ; 12 September 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Refugee status — Criteria for grant — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Yugoslav national deserting from State Intelligence Service — Whether entitled to refugee status — Whether desertion a political act

Human rights — Inhuman and degrading treatment — Proposed expulsion of alien to State of nationality — Alien facing possibility of assassination in State of nationality on account of his desertion from State Intelligence Service — Whether expulsion contravening European Convention on Human Rights, 1950, Article 3

Aliens — Expulsion — Undesirable alien — Alien convicted of murder in State of residence — Proposed expulsion to State of nationality — Alien facing possibility of assassination in State of nationality on account of his desertion from State Intelligence Service — Whether expulsion in violation of European Convention on Human Rights, 1950, Article 3 — Whether alien’s rights under Convention taking precedence over State’s right to expel undesirable aliens — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1994

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