The revocation and withdrawal procedures , Date: 2023.02.24, format: Article, area: Asylum and refugee protection

The Federal Office is legally required to revoke the recognition of asylum, the granting of refugee status, the granting of subsidiary protection and the determination of national deportation bans pursuant to section 60, paragraphs 5 and 7, of the AufenthG, if the conditions for this no longer exist.

This is the case for instance if the persecution situation has permanently changed or become inapplicable and those concerned would no longer face danger should they return.

The protection status is to be withdrawn if it was granted on the basis of incorrect information or failure to reveal essential facts.

In addition, the possibility of a withdrawal or revocation must be examined if there are grounds for exclusion, such as if the foreigner has become a criminal offender.

After receiving an investigation request from the responsible foreigners’ registration office or other authorities, the Federal Office assesses whether the conditions for a revocation or withdrawal are met. Individuals who have been granted protection by the BAMF within the asylum procedure have been obliged since December 2018 to participate in this examination themselves if the Federal Office considers this to be necessary and reasonable.

The Federal Office notifies the responsible foreigners’ registration authorities of the results of the investigation. If the foreign national has already taken part in the investigation, he/she will also receive a notification.

The foreigner may take out a lawsuit against the revocation or withdrawal. If the revocation or withdrawal is no longer appealable, the respective immigration authority decides on continued residence for other reasons.

Even if no revocation or withdrawal takes place after a review of the protection granted, a subsequent revocation of the protection status is not ruled out.