Withdrawal of protection status

Author

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The Asylum Act establishes specific grounds for revocation, ending or refusal to renew international protection that are assessed pursuant to the same procedural rules applicable to Cessation. 

These include the cases where the beneficiary of international protection:[1]

• Should have been or can be excluded from the right to asylum or subsidiary protection, pursuant to the exclusion clauses;[2]
• Has distorted or omitted facts, including through the use of false documents, that were decisive for benefitting from the right to asylum or subsidiary protection;[3]
• Represents a danger for the security of the Member State where they are present;[4]
• Having been sentenced by a final judgment for an intentional common law crime punishable with a prison term of more than three years, represents a danger for national security or for public order.[5]

Practice in this regard remains limited. According to the information provided by AIMA, no such decision was adopted in 2023.

[1] Article 41(5) Asylum Act.

[2] Article 41(5)(a) Asylum Act.

[3] Article 41(5)(b) Asylum Act.

[4] Article 41(5)(c) Asylum Act. This provision was amended in 2023, replacing “internal security” for the wording mentioned above.

[5] Article 41(5)(d) Asylum Act.