Case summaries
In the context of cessation of refugee status under Article 11 (1)(e), the change in circumstances must remedy the reasons which led to the recognition of refugee status; a country of origin’s ability or inability to demonstrate that it can provide protection from acts of persecution constitutes ‘a crucial element’ in this assessment.
Mere social and financial support to the third country national is inherently incapable of either preventing acts of persecution or of detecting, prosecuting and punishing such acts and, therefore, cannot be regarded as providing the protection required by Article 11(1)(e). In order to determine whether the third-country national still has a well-founded fear of persecution, the existence of protection against acts of persecution should be considered when examining the change in circumstances.
Application of the CJEU ‘s ruling of the 2 March 2010, Abdulla et al. Case C 175/08 et al, following the request for a preliminary ruling by the Federal Administrative Court.
The High Administrative Court was correct in holding that the circumstances upon which the recognition of refugee status was based have ceased to exist. However, it did not examine sufficiently whether a well-founded fear of persecution persists for other reasons.
This judgment overturned the decision of the Polish Refugee Board on revocation of refugee status. Adoption of state protection within the meaning of the law means that a foreigner benefits from the protection of the state of his nationality, that he is able to avail himself of this protection and that there exists no well-founded fear of persecution. Adoption of state protection means that the foreigner enjoys the genuine protection of his country of origin.
In proceedings on revocation of refugee status, the authority determines whether there are other reasons to justify the foreigner’s fear of persecution.
In this case the Court applied the CJEU’s decision in Elgafaji and the UK Court of Appeal’s decision in QD and AH (see separate summary on EDAL) and considered whether UK Immigration Tribunals had jurisdiction to consider Art 15 (c) in cases where removal directions had not been set. The specific issue concerned the risk of indiscriminate violence en route from Mogadishu to a safe area. It further considered and made important obiter comments on the ambit of Art 15 (c).