Withdrawal of protection status

Germany

Country Report: Withdrawal of protection status Last updated: 30/11/20

Author

Informationsverbund Asyl und Migration Visit Website

                                                                       

The grounds for withdrawal of refugee status are defined in Section 73(2) of the Asylum Act. According to this provision, refugee status “shall be withdrawn if it was granted on the basis of incorrect information or withholding of essential facts and if such recognition could not be based on any other grounds.”

There are similar grounds for withdrawal of subsidiary protection defined in Section 73b(3) of the Asylum Act. This status shall be withdrawn where “misrepresentation or omission of facts or the use of false documents were decisive for the granting of subsidiary protection status”. In addition, subsidiary protection status shall also be withdrawn, if the foreigner “should have been or is excluded” due to exclusion clauses as apply to eligibility for this status e.g. serious criminal offences, risk to the general public or to security.

The procedure for withdrawal of protection status is identical to the revocation procedure, and usually the examination of the various grounds is carried out as a combined “revocation and withdrawal procedure”. Therefore, the information given above on procedures and on statistics for the revocation procedures also applies to withdrawal of protection (see section on Cessation: Revocation).

If refugee status is revoked or withdrawn, this does not necessarily mean that a foreigner loses his or her right to stay in Germany. The decision on the residence permit has to be taken by the local authorities and it has to take into account personal reasons which might argue for a stay in Germany (such as length of stay, degree of integration, employment situation, family ties). Therefore, it is possible that even after loss of status another residence permit is issued. Since this is decided on the local level, no statistics are available concerning the number of cases in which people were granted a new residence permit after revocation or withdrawal of protection status.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation