Protection / Complementary forms of protection

27 October 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

27 October 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

To invoke the ceased circumstances clause, the circumstances have to have changed since the status was last extended (here: attaining the age of majority). However, changes in circumstances since the protection status was initially granted may also be relevant.

17 October 2019 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Cessation clauses - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria

The asylum authority must revoke protection status based on changed circumstances, if it had granted such status based on wrong assumptions even if the applicant had not caused or contributed to this error. (Underlying Case of Mohammed Bilali v BFA C- 720/17)

14 August 2019 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Document type: Case Law | Topic(s): Cancellation - Cessation clauses - Complementary forms of protection - Regional instruments - Statelessness | Countries: Algeria - Austria - Morocco

Article 19(1) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, read in conjunction with Article 16 thereof, must be interpreted as meaning that a Member State must revoke subsidiary protection status if it granted that status when the conditions for granting it were not met, in reliance on facts which have subsequently been revealed to be incorrect, and notwithstanding the fact that the person concerned cannot be accused of having misled the Member State on that occasion.

23 May 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Cessation clauses - Complementary forms of protection - Statelessness | Countries: Austria

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

25 January 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Speeches/Statements

Une autorité nationale compétente peut-elle se fonder sur les dispositions prévues à l’article 19 de la directive 2011/95/UE (2) afin de procéder à la révocation du statut conféré par la protection subsidiaire à un apatride, et ce en raison d’une appréciation erronée des besoins de protection internationale dont elle est seule responsable ?

24 January 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Cessation clauses - Complementary forms of protection - Exclusion clauses - Statelessness | Countries: Algeria - Austria

17 December 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Policy/Position Papers