Author
The grounds for cessation of refugee status and subsidiary protection status are those listed in Articles 11 and 16 of the recast Qualification Directive.[1]
The Migration directorate can start the cessation procedure if it becomes aware that grounds for cessation exist. The Migration directorate notifies the beneficiary of international protection in writing about the start of the procedure and grounds for it.[2]
Before making the decision, the Migration directorate has to enable the beneficiary to present reasons against the cessation of the international protection in a personal interview.[3] The beneficiary can also file an application for judicial review against the decision before the Administrative Court within 15 days. The application has suspensive effect.[4]
There is no systematic review of protection status in Slovenia. Apart from cessation due to acquisition of Slovenian citizenship, cessation is rarely applied in practice.
In 2023 cessation decisions were issued in 13 cases following acquisition of Slovenian citizenship. 152 persons lodged the application to prolong subsidiary protection and 105 applications were granted. None were refused. 21 applicants did not lodge the application for prolongation of subsidiary protection leading to cessation after the time for which it was granted.[5] Regarding the prolongation of subsidiary protection PIC observed that the majority of beneficiaries that did not prolong the protection were Ukrainians. While some left the country after obtaining the protection or did not prolong the protection on their own accord, PIC also detected cases of Ukrainians who faced issues with lodging the request for prolongation in time. In practice, Ukrainians would often not notify the Ministry or the UOIM of the change of address. Therefore, they would not receive the notification, together with the forms for prolongation, in time. Consequently, Ukrainians did not lodge the application for the prolongation in time and had to apply for international protection again.[6]
[1] Article 67 IPA.
[2] Articles 69(1)-(2) IPA.
[3] Article 69(3) IPA.
[4] Article 70(1) and (3) IPA.
[5] Official statistics provided by the Migration directorate, March 2024.
[6] Observation by the PIC.