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Austria: Constitutional Court, 3. July 2015, U 32/2014-12
Country of applicant: Afghanistan
Keywords: Exclusion from protection, Subsidiary Protection, Withdrawal of protection application

The Court expressed doubts as to whether it is constitutionally permissible to base the withdrawal of subsidiary protection on a “final conviction of a crime” without taking the circumstances of the individual case into account. The Austrian provision might not be in line with the requirements as set out by the European Union Directive 2004/83/EC and might therefore be unconstitutional.

Date of decision: 03-07-2015
Relevant International and European Legislation: Art 17.1,Art 19.3 (a),Art 19.3 (b),Article 47,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011
Belgium – Council for Alien Law Litigation, 22 July 2010, Nr. 46.578
Country of applicant: Iraq
Keywords: Revocation of protection status, Serious harm, Subsidiary Protection

The CALL ruled that the Qualification Directive, with reference to the grounds for revocation, clearly shows a difference between the various types of protection and that there is no indication that the Belgian legislator wished to deviate from this. Subsidiary protection can be revoked on the basis of a “serious crime” committed after protection was granted.

Date of decision: 22-07-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2 (e),Art 17.2,Art 17.1,Art 19.3 (a),Art 19.3 (b),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3