In what circumstances can refugee status be lost or taken away?

When a country grants asylum to a person, it is declaratory rather than determinative – i.e. the decision recognises the pre-existing status of a person as a refugee.

However, there are circumstances in which that status can be lost, cancelled or revoked, and the decisions to do so are taken at the domestic level. In what circumstances can refugee status be lost or taken away?

Cessation

Article 1C of the Refugee Convention sets out the circumstances in which refugee protection ceases to apply because the person concerned no longer needs protection. This is where:

1. He has voluntarily re-availed himself of the protection of the country of his nationality;
2. Having lost his nationality, he has voluntarily re-acquired it;
3. He has acquired a new nationality, and enjoys the protection of the country of his new nationality;
4. He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution;
5. Where the circumstances in connection with which he has been recognised as a refugee have ceased to exist, (i) he can no longer continue to refuse to avail himself of the protection of the country of his nationality, or (ii) if stateless, he is able to return to the country of his former habitual residence.

These circumstances are reproduced in the Home Office asylum policy instruction, ‘Revocation of refugee status’, which offers guidance to Home Office decision-makers.

In accordance with Paragraph 339A(iii) of the Immigration Rules, upon naturalising as a British citizen, a person automatically loses their refugee status. However, revocation action may be taken at any time.

In practice, the Home Office carries out ‘safe return reviews’ at the point where someone with refugee leave applies for further leave or settlement (indefinite leave to remain), to assess whether that individual continues to require protection. The Home Office can at that point refuse to renew the person’s leave as a refugee, and seek to return them to their home country if they decide that that person no longer requires protection.

These reviews have been carried out routinely in all cases since 2017, prior to which they were carried out only in exceptional cases.

Where an individual visits their country of nationality, this is usually regarded as voluntary re-availment of the protection of your country of nationality, and is a ground for revocation under Paragraph 339A(i)-(vi). Unfortunately, whilst it is understandable for refugees to wish to visit their country of origin, for example for compassionate reasons, the Home Office are likely to take the view that the risk of persecution is no longer such that you require surrogate protection from your country of asylum. Indeed, there have been instances where the Home Office has stripped people of their refugee status at the border after returning from a visit to their country of nationality.

Denmark even went so far as to strip all Syrian refugees of their residency permits in April 2021 after declaring that the country was now safe to return to.

Cancellation

Cancellation occurs where evidence comes to light that the grant of asylum was obtained by misrepresentation, such that the person concerned was not and is not a refugee, and therefore should not have been granted leave to remain on this basis in the first place.

Exclusion on basis of criminality

Article 1F of the Refugee Convention sets out the circumstances in which protection does not apply. This exclusion applies where there are serious reasons for considering that:

1. he has committed a crime against peace, a war crime, or a crime against humanity;
2. he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
3. he has been guilty of acts contrary to the purposes and principles of the United Nations.

This provision may be invoked when determining the initial application for protection, or to revoke refugee status having previously been granted asylum where evidence emerges that the individual is excluded from protection.

Gherson has extensive experience in all aspects of UK immigration law, including international protection and applications for Indefinite Leave to Remain as a refugee. If you have any queries relating to this blog, the blogs published, or are interested in talking to us about your specific asylum circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021

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