Author
According to the Law on Refugees, a person is revoked of refugee status or complementary protection if they are engaged in activities that pose a threat to national security, public order, or the health of the population of Ukraine.[1]
Moreover, the decision to recognise a person as a refugee or a person in need of complementary protection is withdrawn if the person has provided false information or presented false documents that became the basis for recognising the person as a refugee or a person in need of complementary protection.[2]
The procedure of withdrawal is similar to the cessation procedure. The decision of the SMS can be also appealed in five business days.
The decision of the SMS to cease the refugee status can be successfully appealed. For instance, in case no. 807/250/16 of the Zakarpattia District Administrative Court ruled that the decision of the SMS to deprive persons of complementary protection because of their alleged threat to national security was unlawful.[3] The Court emphasised that the defendant failed to examine and take into account all the facts of the existence of a real risk of violation of Article 3 of the Convention, in particular the protection of the plaintiff’s rights in the event of her return to her country of origin.
[1] Article 11(5) Law on Refugees.
[2] Article 11(4-5) Law on Refugees.
[3] Zakarpattia District Administrative Court, case no. 807/250/16, 19 March 2018, available in Ukrainian here.