Scope of application of Article 12(2)(c) Qualification Directive to non-state actors- different domestic jurisprudence – German Federal Administrative Court establishing the personal scope of application of Article 12(2)(c) Qualification Directive on the basis of both CJEU rulings and domestic judgments (UK Immigration Appeal Tribunal and Supreme Court of Canada)Reason for exclusion - war crimes - non-state actors - terrorism - UN Resolutions - crimes against humanity - priority of EU law - revocation - purposes and principles of the United Nations

The case concerns issues the revocation of the asylum recognition of a war criminal. The applicant is a Rwandan citizen and belongs to the Hutu ethnic group. In March 2000 he was recognised as a person entitled to asylum in Germany on the basis of the danger of political persecution. In mid-2001 he became President of the Forces Démocratiques de Libération du Rwanda (FDLR), a Hutu exile organisation which commits war crimes in the eastern part of the Democratic Republic of the Congo. The Sanctions Committee of the United Nations Security Council imposed sanctions against the FDLR and the applicant as its President. The German Supreme Administrative Court had to decide whether the applicant could be excluded from refugee status and national constitutional asylum because he has committed war crimes as well as actions that contravene the purposes and principles of the United Nations. This judgment is particular important since, it is the first Supreme Court judgment in Germany on exclusion based on war crimes and actions against the principles of the UN. It was cited in follow-up judgments.

The applicant is a Rwandan citizen and belongs to the Hutu ethnic group. In March 2000 he was recognised as a person entitled to asylum in Germany on the basis of the danger of political persecution. In mid-2001 he became President of the Forces Démocratiques de Libération du Rwanda (FDLR), a Hutu exile organisation which commits war crimes in the eastern part of the Democratic Republic of the Congo. The Sanctions Committee of the United Nations Security Council imposed sanctions against the FDLR and the applicant as its President. The German revoked the applicant's refugee status and national constitutional asylum because he has committed war crimes as well as actions that contravene the purposes and principles of the United Nations. The applicant challenges the revocation order and appealed to the administrative court - with success only in the first instance. In the end he lost. The Supreme Administrative Court denied the applicant's final revision.