UNHCR Protection Manual
The Protection Manual is UNHCR's repository of protection policy and guidance. The documents are listed in reverse chronological order.
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Exceptions (article 33(2))
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On the "danger to the community" exception in Article 33(2) of the 1951 Convention.
- Document source:
- Date: 16 October 2010
UN High Commissioner for Refugees (UNHCR), UNHCR intervention before the United States Court of Appeals for the Ninth Circuit in the case of Delgado v. Holder, Attorney General, 16 October 2010, https://www.refworld.org/jurisprudence/amicus/unhcr/2010/76397 [accessed 30 April 2026]
On the exception to the principle of non-refoulement in Article 33(2); the requirement that a person has been convicted by a final judgment of a "particularly serious crime"; assessment of whether the person constitutes a future "danger to the community".
- Document source:
- Date: 19 June 2008
UN High Commissioner for Refugees (UNHCR), UNHCR intervention before the United States Court of Appeals for the Tenth Circuit in the case of N- A- M- v. Mukasey, Attorney General, Case no. 08-9527 & 07-9580, 19 June 2008, https://www.refworld.org/jurisprudence/amicus/unhcr/2008/59516 [accessed 30 April 2026]
- Document source:
- Date: 6 January 2006
UN High Commissioner for Refugees (UNHCR), Scope of the National Security Exception Under Article 33(2) of the 1951 Convention Relating to the Status of Refugees, -, 6 January 2006, https://www.refworld.org/jurisprudence/amicus/unhcr/2006/11743 [accessed 30 April 2026]
On the application of Article 33 of the 1951 Convention and its relationship with Article 3(1) of the Convention against Torture; restriction of Article 33(2) of the 1951 Convention by the prohibition of refoulement to torture in Article 3(1) of the Convention against Torture; the test for applying the "danger to the security of the country" exception in Article 33(2) of the 1951 Convention.
- Document source:
- Date: 8 March 2001
UN High Commissioner for Refugees (UNHCR), UNHCR intervention before the Supreme Court of Canada in the case of Manickavasagam Suresh (Appellant) and the Minister of Citizenship and Immigration, the Attorney General of Canada (Respondents), 8 March 2001, https://www.refworld.org/jurisprudence/amicus/unhcr/2001/23298 [accessed 30 April 2026]