Author
The grounds of cessation for Refugee status are laid out in the Immigration Rules.[1] These are where the Refugee Convention ceases to apply, for one of the following reasons:
(i) they have voluntarily re-availed themselves of the protection of the country of nationality;
(ii) having lost their nationality, they have voluntarily re-acquired it;
(iii) they have acquired a new nationality, and enjoy the protection of the country of their new nationality;
(iv) they have voluntarily re-established themselves in the country which they left or outside which they remained owing to a fear of persecution;
(v) they can no longer, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, continue to refuse to avail themselves of the protection of the country of nationality; or
(vi) being a stateless person with no nationality, they are able, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, to return to the country of former habitual residence
The grounds of cessation for Humanitarian protection are also set out in the Immigration Rules and this can be done where protection is no longer required due to a significant and non-temporary change in circumstances.[2]
The procedure is set out in Home Office guidance.[3]
The beginning of the procedure is not the same in all instances. There may be a different trigger, such as the individual travelling back to the country of origin or being convicted of a serious offence which has led to an investigation of the original grounds for asylum. In all cases the applicant sent a notice of intention to revoke refugee status by the Home Office and invited to submit their view to the caseworker in writing. Access to legal aid is available in the same way it is for initial asylum claims. UNHCR will also be consulted, usually after any submissions from the refugee have been received, and given 10 days to submit its view, which must be taken into consideration.[4]
The applicant would not usually be interviewed, unless there are specific reasons for doing so. It is possible to appeal against the decision to revoke leave is if that is accompanied by a decision to remove protection status i.e. the appeal is against the refusal of protection status. Appeal rights are suspensive i.e. the refugee remains in the country whilst the appeal is heard, unless they are outside of the UK. Appeal rights and legal aid entitlement are identical to initial asylum claims.
Review of status and consideration of cessation is not a routine consideration, save in criminal cases and those where the refugee has spent more than 2 years out of the UK or where there is evidence they have availed themselves of the protection of the country of asylum e.g. by obtaining a national passport.
It is not applied to specific groups as a matter of policy. In policy terms each case is dealt with on its own merit and there are no reported concerns about how it is applied, other than occasionally in individual cases.
[1] Immigration Rules, paragraphs 339A to 339AB.
[2] Immigration Rules, paragraph 339GA.
[3] Home Office, Revocation of protection status, 28 June 2022, available at: http://bit.ly/2kkxPvi.
[4] Home Office, Revocation of protection status, 28 June 2022, available at: http://bit.ly/2kkxPvi.