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Slovenia - Constitutional Court of the Republic of Slovenia, 15 October 2015, judgment U-I-U-I-189/14, Up-663/14
Country of applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Circumstances ceased to exist, Effective remedy (right to), Non-refoulement, Relevant Facts, Subsidiary Protection

Termination of an applicant’s international protection status (ie where there is a change or termination of protection grounds) must be examined against the principle of non-refoulement, which ensures the right to a fair and efficient procedure in which the Asylum authority assesses if non-refoulement would be violated where protection ceases.

It results from the principle of non-refoulement that the applicant in proceedings on termination of subsidiary protection must have the possibility to state all the reasons for which subsidiary protection should not cease.

In the process of renewal of subsidiary protection all the guarantees provided by Article 18 of the Constitution (Prohibition of Torture) should be respected.

Legislation which limited the assessment of the competent authority in the subsidiary protection renewal procedure only to the grounds based on which an individual has been granted subsidiary protection, is inconsistent with the right set out in Article 18 of the Constitution.

Date of decision: 15-10-2015
Relevant International and European Legislation: 1951 Refugee Convention,Art 33,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 19,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (25),Article 2,Article 44,Article 45,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 11,Article 16,Article 19