Spain – Supreme Court, 22 October 2010, 1660/2006
Keywords:
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Circumstances ceased to exist
Description
A significant and non-temporary change in circumstances as provided for in Article 11(e) or (f) of the Qualification Directive such that a refugee's fear of persecution can no longer be regarded as well-founded or as provided for in Article 16 such that the person eligible for subsidiary protection no longer faces a real risk of serious harm, and which may lead to cessation of refugee status or cessation of eligibility for subsidiary protection. |
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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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Family unity (right to)
Description
“In the context of a Refugee, a right provisioned in Article 23 of Council Directive 2004/83/EC and in Article 8 of Council Directive 2003/9/EC obliging Member States to ensure that family unity can be maintained. Note: There is a distinction from the Right to Family Life. The Right to Family Unity relates to the purpose and procedural aspects of entry and stay for the purpose of reuniting a family, in order to meet the fundamental right enshrined in the Charter of Fundamental Rights of the European Union.” “A right to family unity is inherent in the universal recognition of the family as the fundamental group unit of society, which is entitled to protection and assistance. This right is entrenched in universal and regional human rights instruments and international humanitarian law, and it applies to all human beings, regardless of their status. ….Although there is not a specific provision in the 1951 Refugee Convention and its 1967 Protocol, the strongly worded Recommendation in the Final Act of the Conference of Plenipotentiaries reaffirms the ‘essential right’ of family unity for refugees.” |
Headnote:
This decision concerns an appeal lodged before the Supreme Court against the decision of the High National Court, confirming the Ministry of Interior’s decision to revoke the refugee status of the appellant and her children. This revocation was issued following the voluntary return of the applicant’s husband to Colombia, his country of origin.
Facts:
In 2001, refugee status was granted to the applicant, her husband and their children. In 2003, the applicant’s husband declared before the Asylum and Refugee Office (Ministry of Interior) his willingness to return to Colombia, renouncing his refugee status. He also informed the authorities of the break-up of his marriage to the applicant. The Asylum and Refugee Office initiated the necessary steps to revoke the applicant’s refugee status alleging that the circumstances motivating the granting of the status had ceased to exist.
Decision & reasoning:
The applicant appealed this decision to the High National Court declaring that the break-up of the marriage was not a legal reason to revoke refugee status. She added that such a decision was discriminatory as it was based on her civil status.T
he High National Court found that the status granted to the applicant and her children was recognised on the basis of an extension of the protection granted to the applicant’s husband based on the principle of family unit. Persecution specifically targeted at the applicant and her children was not alleged in the initial claim. The initial finding of persecution was based on her matrimonial status that now, ceased to exist. Therefore the decision was not discriminatory as it was based on an objective assessment of circumstances: a marriage break-up with the person who was granted refugee status.
The Supreme Court agreed with the reasoning of the High National Court stating that the fact of the marriage break-up could not be considered discriminatory against the applicant since her status was granted on the basis of this relationship. Nevertheless, the Supreme Court deemed that the decision of the Ministry of Interior granting refugee status to the applicant in 2001 didn’t expressly mention family reunification. In this same decision the reasoning analysing the applicant’s asylum application showed that a well-founded fear of persecution in Colombia was identified and determined independently of her husband.The applicant’s husband’s return to Colombia was not the result of a change in circumstances in the country of origin but was motivated by other circumstances.
Outcome:
The appeal was successful and refugee status was maintained for the applicant and her children.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| CEDAW |
| CEDAW - Art 1 |