Withdrawal of protection status

Italy

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

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Cases of withdrawal of international protection are provided by Article 13 of the Qualification Decree for refugee status and by Article 18 of the same Decree for subsidiary protection.

Both provisions state that protection status can be revoked when it is found that its recognition was based, exclusively, on facts presented incorrectly or on their omission, or on facts proved by false documentation.

Withdrawal is also imposed when, after the recognition, it is ascertained that the status should have been refused to the person concerned because:

 

  1. He or she falls within the exclusion clauses.

Decree Law 113/2018, implemented by L 132/2018, has extended the list of crimes triggering exclusion and withdrawal of international protection, including violence or threat to a public official; serious personal injury; female genital mutilation; serious personal injury to a public official during sporting events; theft if the person wears weapons or narcotics, without using them; home theft.[1]

  1. There are reasonable grounds for regarding him or her as a danger to the security of Italy or, having been convicted by a final judgment of a particularly serious crime, he or she constitutes a danger for the public order and public security.

 

The withdrawal of a protection status,[2] and the appeals against it,[3] are subject to the same procedure foreseen for Cessation decisions.

 


[1] Articles 12(1)(c) and 16(d-bis) Qualification Decree, as amended by Article 8 Decree Law 113/2018 and L 132/2018.

[2] Article 33 Procedure Decree; Article 14 PD 21/2015.

[3]  Article 19(2) LD 150/2011.

 

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