Withdrawal (“cancellation”) of international protection status is governed by Article 86 LFIP. The law provides that status shall be withdrawn where a beneficiary: (a) by way of false documents, fraud, deceit, or withholding facts, was granted protection; or (b) should have been excluded from international protection.[1]
While LFIP does not expressly provide the same level of guarantees in withdrawal procedures as in Cessation, as it makes no reference to a right of the beneficiary to present his or her observations,[2] the possibility to submit oral or written observations “within a reasonable period” is provided in the RFIP.[3] The remaining rules and procedures are the same as in Cessation.
In 2021 the 1st Administrative Court of Isparta ruled in a case of withdrawal. The applicant’s international protection application was withdrawn by Burdur PDMM on the ground of failing to fulfil his signature duty. The applicant claimed that it was because of the COVID-19 pandemic. The Administrative Court ruled that the notification received by the applicant should have included information on the consequences of failure to fulfil obligations, and cancelled PDMM’s decision.[4] In late 202o an applicant’s international protection application was withdrawn due to non-completion of his duty to sign. In his appeal before the court, the applicant claimed there had been a systemic error in the official records and he did not infringe his obligation. The Regional Administrative Court of İzmir, 6th Chamber approved the decision and dismissed his appeal.[5]
[1] Article 86(1) LFIP.
[2] Article 86(2) LFIP.
[3] Article 98(1) RFIP.
[4] 1st Administrative Court of Isparta, decision number 2021/471.
[5] Regional Administrative Court of İzmir, 6th Chamber, decision number 2020/1239.