MIL-OSI Europe: Answer to a written question – Foreseeable overburdening of the German asylum administration owing to the return of Syrians in view of the implementation of EU law and compliance with the rule of law – E-002900/2024(ASW)

Source: European Parliament

The rules for the revocation of a refugee or subsidiary protection status are laid down in the Qualification Directive[1], in particular in Article 14 (for the revocation of a refugee status) and Article 19 (for the revocation of a subsidiary protection status).

These provisions require that the Member States that have granted international protection demonstrate on an individual basis that the person concerned has ceased to be or has never been entitled to such protection. Procedural rules are laid down in Articles 44 and 45 of the Asylum Procedure Directive[2].

The revocation of the refugee or subsidiary protection status should be based on an individual assessment pursuant to the aforementioned provisions of EU law.

Likewise, the granting of refugee or subsidiary protection status should be based on an individual assessment as set out in Article 4(3) of the Qualification Directive.

The Commission is in constant exchange with the Member States in the context of the implementation of the Pact on Migration and Asylum[3] and provides support as needed.

  • [1] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011L0095
  • [2] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032
  • [3] https://home-affairs.ec.europa.eu/policies/migration-and-asylum/pact-migration-and-asylum_en
Last updated: 19 March 2025

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