MK v. State Secretary for Justice

Abstract

Aliens — Refugees — Refugee status — Criteria for determination — Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967 — Test of well-founded fear of persecution in country of nationality — Refusal to perform military service in State of nationality — Whether providing grounds for well-founded fear of persecution — Iranian national refusing to perform military service during Iran-Iraq war — Whether entitled to refugee status — Relevance of principles contained in UNHCR Handbook on Procedures and Criteria for Determining Refugee Status — Handbook requiring that refusal to perform military service be related to military action condemned by the international community — Whether Iran-Iraq war constituting military action condemned by the international community — Whether any requirement that State of nationality should regard refusal to perform military service as politically motivated offence — The law of the Netherlands