Withdrawal of protection status

United Kingdom

Country Report: Withdrawal of protection status Last updated: 21/06/21

Author

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The grounds for withdrawal / revocation of international protection are set out in the Immigration Rules and include: (a) the grounds for exclusion in the Refugee Convention; (b) misrepresentation of facts to obtain refugee status; and (c) being a danger to the UK.[1] The procedure is outlined in the section on Cessation.

 

The legal framework for withdrawal of leave is Section 76 of the NIAA 2002. Indefinite leave (ILR) will be taken from a person or considered to have lapsed when that person:

  • Is liable to deportation or administrative removal but cannot be deported or removed because of the UK’s obligations under the Refugee Convention or the ECHR (ILR is revoked);
  • Has obtained leave by deception (ILR is revoked);
  • Is deported from the UK (ILR is invalidated);
  • Ceases to be a refugee because of their own actions (ILR is revoked);
  • Remains outside of the UK for more than two years (ILR lapses).

 

The only appeal against a decision to take away leave is if that is accompanied by a decision to remove protection status i.e. the appeal is against the refusal of protection status.

 

[1]        Rules 339A to 339AB Immigration Rules.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection