On what conditions can your protection status end?
The 1951 Refugee Convention distinguishes between three possibilities for ending the refugee status – cancellation, revocation and cessation. Once you are granted international protection, your status is maintained unless you fall within the terms of any of these categories.
Cancellation
Cancellation means the annulment of a decision to grant international protection which should not have been granted in the first place. It means that the decision was incorrect in its substance, due to substantial fraud or other misconduct by the applicant, or serious error by the determining authority. In the latter case, the principle of proportionality applies, all relevant circumstances must be taken into consideration, including the person’s length of stay and degree of social and economic integration, as well as potential hardship which may be caused by cancellation.
example An asylum-seeker is granted protection as a result of bribing the officer responsible for the asylum proceedings. In this case, the decision to grant protection is subject to cancellation.
Revocation
Revocation means the withdrawal of refugee status in situations where the refugee engages in conduct which comes within the scope of Refugee Convention’s exclusion clauses – if the refugee commits a crime against peace, a war crime or a crime against humanity, or is found guilty of acts contrary to the purpose and principles of the United Nations.
example After being granted international protection, the refugee is found guilty of engaging in terrorist activities. Terrorist acts are considered to be contrary to the purpose and principles of the United Nations, in which case the decision to grant international protection is subject to revocation.
Cessation
Cessation means the ending of refugee status because international protection is no longer necessary or justified. The Qualification Directive specifies that refugee status may cease through the actions of the refugee if:
- you have voluntarily re-availed yourself of the protection of your country
- you have voluntarily re-acquired your nationality after losing it
- you have acquired a new nationality, and enjoy the protection of the country of your new nationality
- you have voluntary re-established yourself in the country which you left due to persecution
Secondly, it is possible for your protection status to cease through fundamental changes in the objective circumstances in your country of origin. This only applies if there has been a significant and non-temporary change so that your fear of persecution can no longer be regarded as well-founded.
The same conditions also apply to beneficiaries of subsidiary protection.
The residence permit of a minor child cannot be revoked if it is not in accordance with the rights and interests of the child. This means that even if the situation in the country of origin has changed fundamentally, it has to be weighed, taking into account all the relevant circumstances, whether it would be in the child’s best interest to return to the country of origin.
important If your international protection status is withdrawn, it does not always automatically mean that you can be expelled. The European Court of Human Rights has confirmed in several cases that the prohibition of torture, inhumane or degrading treatment or punishment is absolute, which means no derogation or exceptions are permissible. It is not allowed to return you to a place were you would be threatened with torture, irrespective of your conduct.
What human rights violation may there be?
It is possible that the authorities decide that the grounds for your international protection status have ceased to exist, even though the changes in your home country are not fundamental, significant nor non-temporary in their nature. If the authorities attempt to return you to your country of origin while you are still threatened with persecution, this could result in violation of your right to life, right to liberty and security of person, or prohibition of torture or inhumane or degrading treatment.
You have the right to challenge the decision to withdraw your international protection status at the Administrative Court. Read about the appeal procedure.