Sweden - Migration Court of Appeal, 13 June 2011, UM 5495-10
Keywords:
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Revocation of protection status
Description
In the EU context, the decision by a competent authority to revoke, end or refuse to renew the protection status of a person including inter alia: in relation to refugee status cessation in accordance with the Geneva Convention; misrepresentation or omission of facts, including the use of false documents, which were decisive for the granting of refugee status; or if they have been convicted by a final judgement of a particularly serious crime, which constitutes a danger to the community of a Member State; in relation to subsidiary protection status cessation in accordance with QD Art. 16, exclusion per Art.17 or on any of the grounds set out in Art. 19 |
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Withdrawal of protection application
Description
The actions by which the applicant for asylum terminates the procedures initiated by the submission of his/her application for asylum, in accordance with national law, either explicitly (per Art 19 APD) or tacitly (per Art.20 APD). |
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Cessation of protection
Description
Pertaining to thecircumstances in which a person may no longer be considered to be a refugee or to be eligible for subsidiary protection. |
Headnote:
Refugee status was revoked when an individual applied for and received a new passport issued by his/her country of origin.
Facts:
The Migration Board granted an Iraqi national a residence permit, refugee status and travel documents in September 2007. In November 2008 the residence permit was included in the man’s Iraqi passport, valid until August 2016, and the Swedish travel document was destroyed. In November 2009 the Migration Board revoked the man’s refugee status in the light of him being the holder of a valid Iraqi passport and thus no longer could be considered in need of protection.
On appeal it was claimed that the man had applied for a passport before he left Iraq and that his father had sent it to him in Sweden. The reason for this was that he was getting married and needed to go to Iran. Iraq’s neighboring countries do not accept the Swedish travel document when processing visa applications.
The Migration Court granted the appeal (4 June 2010). The man’s actions were not perceived by the Court as him re-availing himself of the protection of Iraqi authorities. There was also nothing presented to contradict what the man had stated about his intentions nor that all contacts with Iraqi authorities had been conducted by his father in Iraq. The Migration Board appealed the judgment.
Decision & reasoning:
The Migration Court of Appeal initially stated that no evidence had been presented in the case to support the claim that the applicant was denied visas to Iraq’s neighboring countries because his Swedish travel document was not accepted. The court found:
The application for, and use of, the Iraqi passport must thus be considered voluntary.The passport was not handed over to the Migration Board, which indicates that he wishes to continue his relationship with his country of origin. Acquiring the passport is not considered by the Court as a single, isolated contact with Iraqi authorities. That the applicant himself had not been directly in contact with them is of little consequence. His actions indicate an intent to re-avail himself of the protection of his country of origin and therefore he is no longer a refugee.
Outcome:
The judgment of the Migration Court was revoked and the decision of the Migration Board established.