Case summaries
This case concerns the interpretation of Article 11 of the Qualification Directive when refugee status is deemed to have ceased to exist. The Court found this is when there has been change of circumstances which is significant and non-temporary and when there is no well-founded fear or other reason to risk being persecuted. States in assessing changes in circumstances must verify that the actors of protection have taken reasonable steps to prevent the persecution and that the person concerned has access to that protection. In making the assessment that there is no further risk the standard of probability used is the same that applied when refugee status was granted.
The judgment specifies standards for country of origin information to be used as proof in administrative and judicial proceedings. The evaluation report of the European Commission on the progress made by candidate countries is not intended for international protection proceedings, as these may only be used as supporting material together with other reports about the country of origin.
The applicant’s refugee status was revoked due to a change in circumstances in the applicant’s country of origin as per section 107 subsection 5 of the Aliens’ Act, where the applicant’s individual need of protection was assessed in light of the notable and established social change in Sudan.