Author
Cessation of international protection is governed by Articles 10 and 15 of Asylum Code .
Refugee status ceases where the person:[1]
- Voluntarily re-avail themselves of the protection of the country of origin;
- Voluntarily re-acquire the nationality they had previously lost;
- Has obtained a new nationality and benefits from that country’s protection;
- Has voluntarily re-established themselves f in the country they had fled or outside of which they had resided for fear of persecution;
- May no longer deny the protection of the country of origin or habitual residence where the conditions leading to their recognition as a refugee have ceased to exist. The change of circumstances must be substantial and durable,[2] and cessation is without prejudice to compelling reasons arising from past persecution for denying the protection of that country.[3]
Cessation on the basis of changed circumstances also applies to subsidiary protection beneficiaries under the same conditions.[4]
Where cessation proceedings are initiated, the beneficiary is informed at least 15 days before the review of the criteria for international protection and may submit their views on why protection should not be withdrawn.[5] This provision is always respected by the Asylum Service. However, the Alien’s Directorate does not apply this provision in practice. It does not give the beneficiaries the right to a prior hearing either in written or oral form. The beneficiary is just given notice of the cessation decision. The Appeals Authority hearing the appeal against the decision submits that this defect is cured by the beneficiary being invited by them to an oral hearing before the final decision is issued. However, this practice deprives the beneficiary of a degree of jurisdiction. In 2022, GCR observed a rapid increase in the number of cessation decisions concerning beneficiaries of the so-called “old procedure’’. Beneficiaries whose countries of origin were included in the list of safe countries of origin by Joint Ministerial Decisions were served with decisions of a few paragraphs long without individualised assessment, citing only the Joint Ministerial Decision as reasoning. Beneficiaries have to wait months until their case is given an asylum case number before their appeal can be examined by the Appeals Authority, it only having a Police Headquarters file number until then. They then have to wait months after their appeal has been heard to be called for an oral hearing by the Appeals Authority. Throughout this time, they are in possession of the certificate of filing an appeal which does not give them access to the labour market, health care, or social assistance system. In fact, it only offers them protection from detention. In this respect, this is similar to the beneficiaries of the Asylum Service, as they too receive a similar certificate of appeal, which does not allow them to enjoy the benefits of refugee status.
Where the person appeals the decision, contrary to the Asylum Procedure, the Appeals Committee is required to hold an oral hearing of the beneficiary in cessation cases.[6]
[1] Article 10(1) Asylum Code.
[2] Article 1102) Asylum Code.
[3] Article 10(3) Asylum Code.
[4] Article 15 Asylum Code.
[5] Article 96 (2) Asylum Code
[6] Article 102 (3) Asylum Code