Author
The Law on Refugees foresees the following grounds for the cessation of refugee status and complementary protection. If a person:
- has voluntarily re-claimed the protection of the country of citizenship
- has acquired Ukrainian citizenship or voluntarily acquired the citizenship they had previously, or has acquired the citizenship of another state and enjoys its protection;
- has voluntarily returned to the country they left or were outside of due to a well-founded fear of persecution;
- being a stateless person may return to the country of their previous permanent residence, since the circumstances under which they were recognised as a refugee or a person in need of complementary protection no longer exist. This provision does not apply to a refugee or a person in need of complementary protection if they can provide sufficient justification arising from previous persecution for their refusal to return to the country of previous permanent residence.
- has been granted asylum or a permanent residence permit in another country;
- may not refuse to use the protection of the country of his/her citizenship, since the circumstances under which the person was recognised as a refugee or in need of complementary protection no longer exist. This provision does not apply to a refugee or a person in need of complementary protection if they can provide sufficient justification, arising from previous persecution, for their refusal to enjoy the protection of the country of their nationality. [1]
The decision to withdraw the status is taken by the headquarters of the SMS by submission of the territorial body of the SMS.[2]
Grounds for submitting to the territorial body of the SMS the loss of refugee status and complementary protection:
- a personal application of a refugee or a person in need of complementary protection on the loss of refugee status or complementary protection;
- a motion from the Security Service of Ukraine or other state authority on the loss of refugee status or complementary protection is received by the territorial body of the SMS;
- a request of the Security Service of Ukraine or other state authority to deprive a person of refugee status or complementary protection is received by the territorial body of the SMS.[3]
When the territorial body of the SMS receives the relevant information, the legislation demands to complete the following steps:
- registers the relevant documents in the application register and verifies them by collecting additional information in accordance with the established procedure;
- informs the person who has been granted refugee status or a person in need of complementary protection in writing about the existence of grounds for the cessation of their refugee status or complementary protection (unless the person concerned has filed an application for the existence of grounds for the loss of their refugee status or complementary protection). At the same time, the person is informed that during the consideration of the relevant materials, the refugee or person granted complementary protection has the right to participate in the consideration by providing appropriate explanations (oral or written) and providing materials that may be of significant importance;
- prepares a submission on the cessation of refugee status or subsidiary protection. The period for preparing the application cannot exceed two months from the date of receipt of the documents.[4]
The completed personal file of a refugee or a person in need of complementary protection is sent to the headquarters of the SMS.
When considering an application to a territorial body of the SMS on the cessation of refugee status or complementary protection, the headquarter of the SMS has the right to:
- demand submission of additional information from the territorial body of the SMS that made the submission;
- to submit relevant requests to the Ministry of Foreign Affairs of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, other state authorities, local self-government bodies and citizens’ associations in case of doubts about the accuracy of the information contained in the application and the need to establish the authenticity and validity of documents.[5]
Based on the results of a comprehensive examination and assessment of the documents and materials attached to the personal file received with the application, the SMS makes one of the following decisions:
- on the cessation of refugee status or complementary protection;
- on the absence of grounds for the cessation of refugee status or complementary protection.[6]
The decision of the SMS can be appealed in five business days.[7]
[1] Article 11(1-3) Law on Refugees.
[2] Section VII(7.1) Rules for the Consideration of Applications.
[3] Section VII(7.2) Rules for the Consideration of Applications.
[4] Section VII(7.4) Rules for the Consideration of Applications.
[5] Section VII(7.6) Rules for the Consideration of Applications.
[6] Section VII(7.7) Rules for the Consideration of Applications.
[7] Article 11(18) Law on Refugees.