Author
Current practice:
The 1951 Refugee Convention and its 1967 Protocol set out the conditions under which refugee status may end or be withdrawn in Article 1, paragraph (C) of the Convention. While the Convention does not use the term “withdrawal” explicitly, it defines the situations in which international protection ceases to apply or no longer applies to an individual who was previously recognised as a refugee.
Cessation of Status:
This refers to a change in legal status resulting from a change in objective circumstances—such as an improvement in the situation in the country of origin, or a change in the refugee’s legal or humanitarian situation. Article 1(C) outlines the grounds for cessation of refugee status, including:
- Voluntary return to the country of origin
- Reacquisition of a previously lost nationality, or acquisition of a new nationality and enjoyment of its protection
- Disappearance of the circumstances that led to flight (e.g., the end of war or fall of a persecutory regime)
Exclusion or Revocation
This refers to a change in legal status resulting from serious misconduct by the refugee. Article 1(F) of the Convention limits protection in cases where the individual:
- Committed a crime against peace, a war crime, or a crime against humanity
- Committed a serious non-political crime outside the country of refuge before being accepted as a refugee
- Engaged in acts contrary to the purposes and principles of the United Nations
UNHCR may also withdraw international protection if it is found that status was granted based on misleading or falsified information or through the concealment of material facts.
2024 Asylum Law:
The grounds outlined in the 1951 Convention are largely reflected in Egyptian Law No. 164, though the law uses the terms “termination of asylum” and “revocation of asylum.”
Termination of Asylum:
The law aligns with the cessation grounds established by the 1951 Convention but adds one additional condition: the departure from the country for six consecutive months without an excuse accepted by the Permanent Committee on Refugee Affairs.
Revocation of Asylum:
The Asylum Law of 2024 regulates the ending of refugee status under the term ‘revocation of asylum,’ referring to the removal of legal status as a result of the refugee’s own conduct or breach of specific obligations. The law sets out three main grounds:
- Obtaining status through fraud or concealment of information
If it is proven that refugee status was granted based on forged documents or the concealment of material information, the competent committee may revoke status. This is considered a fundamental breach of the conditions for granting protection.
- Acts covered by Article 8
Article 8 includes crimes affecting national security or public order, such as affiliation with terrorist organizations, human trafficking, or falsifying official documents. Committing any of these acts leads to automatic revocation of refugee status, regardless of humanitarian considerations.
- Violation of obligations under Articles 28, 29, and 30
These provisions require the refugee to follow specific procedures, including promptly reporting any change in address or marital status (Article 28), refraining from political activities that harm the interests of the state (Article 29), and renewing residence permits on a regular basis (Article 30). Failure to comply with any of these obligations constitutes sufficient grounds for revocation of status.