Author
The Asylum Act does not distinguish between the cessation of and withdrawal of international protection. Grounds for cessation of asylum (Article 11 of the Recast Qualification Directive) and subsidiary protection (Article 16 of the Recast Qualification Directive) and grounds for withdrawal of asylum (Article 14 of the Recast Qualification Directive) and subsidiary protection (Article 19 of the Recast Qualification Directive) were transposed to the Asylum Act by two provisions:
- Article 15 of the Asylum Act titled Withdrawal of Asylum (Odňatie azylu), and
- Article 15b of the Asylum Act titled Revocation of Subsidiary Protection (Zrušenie doplnkovej ochrany).
This, inter alia, means that proceedings on withdrawal of asylum/revocation of subsidiary protection on the grounds of cessation of protection status are equivalent to proceedings on withdrawal of asylum/revocation of subsidiary protection on the grounds of withdrawal of protection status.
Grounds for withdrawal of asylum are established in Article 15(2)(g) and (h) of the Asylum Act, which provides that the MO shall withdraw asylum if:
(g) there is a well-founded suspicion that an asylum holder committed one of the following acts:
- crime against peace, a war crime or a crime against humanity, as defined in the international instruments,
- a serious non-political crime outside the territory of Slovakia prior to applying for asylum or subsidiary protection,
- has been guilty of acts contrary to the purposes and principles of the United Nations,
or an asylum holder:
- can avail himself or herself of protection or assistance from organs or agencies of the United Nations other than the UNHCR; this shall not apply if such protection or assistance has ceased for any reason without the status of the applicant having been definitively settled in accordance with the relevant resolutions of the General Assembly of the United Nations,
- is recognised by the competent authorities of the country of residence as having the rights and obligations they grant to their own nationals, or rights and obligations comparable thereto.
(h) the asylum was granted only based on false data or forged documents, or for the reason that the person granted asylum concealed facts significant for a reliable establishment of the facts of the case.
Grounds for withdrawal of subsidiary protection are established in Article 15b(2)(b) and (c) of the Asylum Act, which provides that the determining authority shall revoke subsidiary protection if:
(b) if there is a well-founded suspicion that the subsidiary protection holder:
- has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments,
- has committed a particularly serious crime,
- has been guilty of acts contrary to the purposes and principles of the United Nations,
- is reasonably suspected of having committed, before entering the territory of the Slovak Republic, another act which, under the Slovak Penal Code, constitutes a criminal offence punishable by a term of imprisonment of at least five years, and where he or she left the country of origin solely to avoid criminal prosecution,
- constitutes a danger to the safety of the Slovak Republic,
- constitutes a danger to society.
(c) if the foreigner was granted subsidiary protection only based on false data or forged documents, or because the foreigner, who was granted subsidiary protection, concealed facts that were significant for a reliable establishment of the facts of the case.
The procedure of withdrawal of asylum or subsidiary protection (konanie o odňatí azylu and konanie o zrušení doplnkovej ochrany) shall commence at the instance of the MO.[1] The withdrawal procedure is almost equivalent to the cessation procedure, including the determining authority’s obligation to conduct an interview with the beneficiary of international protection, the applicable time limits, the appeal procedure, and access to legal assistance (See Cessation and review of protection status). The only difference regards an automatic suspensive effect. The administrative appeal against the withdrawal decision issued on the grounds that a subsidiary protection holder constitutes a danger to the safety of the Slovak Republic or constitutes a danger to society does not have an automatic suspensive effect.[2] The claimant may request the granting of the suspensive effect of the administrative appeal. Such a request must be filed together with the administrative appeal, and the administrative court must decide on it within 15 days of its submission.[3] In case of withdrawal decisions issued based on all other grounds, an administrative appeal has an automatic suspensive effect.
In 2025, the determining authority issued only one decision on the withdrawal of protection status, namely a decision withdrawing subsidiary protection from a Ukrainian national pursuant to Article 15b of the Asylum Act.[4]
[1] Article 15(1) and Article 15b(1) of the Asylum Act.
[2] Article 21(1) of the Asylum Act.
[3] Article 213(2) of the AJC.
[4] The Response of the MO to a request for information submitted on 11 March 2026.