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24/06/2015
The CJEU ruled on the revocation of a residence permit based on ‘compelling reasons of national security or public order’

ECLI
EU:C:2015:413
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights (EU Charter); Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
European Union, Court of Justice of the European Union [CJEU], HT v Land Baden-Württemberg, C-373/13, EU:C:2015:413, 24 June 2015. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1236
Case history
Other information
Abstract

According to the EASO Courts and Tribunals Compilation of jurisprudence on Exclusion Articles 12 and 17 Qualification Directive, second edition 2020:


"Mr T., born in 1956, is a Turkish national of Kurdish origin. He has been living in Germany since 1989 with his wife, who is also a Turkish national, and their eight joint children, five of whom are German nationals. Since 24 June 1993, Mr T. has been recognised as a refugee within the meaning of the Geneva Convention. That recognition was motivated by the political activities he carried out in exile in support of the ‘Kurdistan Workers’ Party’ (‘the PKK’) and by the threat of political persecution he would face were he to return to Turkey. Since 7 October 1993, Mr T. has been in possession of an indefinite residence permit in Germany. By decision of 21 August 2006, the competent authorities revoked Mr T.’s refugee status on the grounds that the political situation in Turkey had changed and that he was therefore no longer considered to be at risk of persecution in that country. That decision was annulled by judgment of the Verwaltungsgericht Karlsruhe (Administrative Court, Karlsruhe) of 30 November 2007, with the result that Mr T. retained his refugee status. The Verwaltungsgerichtshof Baden-Württemberg (Higher Administrative Court, Baden-Württemberg) considers inter alia that the obligation imposed on Member States under the first subparagraph of Article 24(1) of that directive to issue to the beneficiaries of refugee status a residence permit valid for at least three years means that revoking that residence permit or a pre-existing permit is prohibited, where none of the reasons for which the grant of a residence permit may be refused outright are present.


The court ruled that:


1. Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted must be interpreted as meaning that a residence permit, once granted to a refugee, may be revoked, either pursuant to Article 24(1) of that directive, where there are compelling reasons of national security or public order within the meaning of that provision, or pursuant to Article 21(3) of that directive, where there are reasons to apply the derogation from the principle of non-refoulement laid down in Article 21(2) of the same directive.


2. Support for a terrorist organisation included on the list annexed to Council Common Position 2001/931/ CFSP of 27 December 2001 on the application of specific measures to combat terrorism, in the version in force at the material date, may constitute one of the ‘compelling reasons of national security or public order’ within the meaning of Article 24(1) of Directive 2004/83, even if the conditions set out in Article 21(2) of that directive are not met. In order to be able to revoke, on the basis of Article 24(1) of that directive, a residence permit granted to a refugee on the ground that that refugee supports such a terrorist organisation, the competent authorities are nevertheless obliged to carry out, under the supervision of the national courts, an individual assessment of the specific facts concerning the actions of both the organisation and the refugee in question. Where a Member State decides to expel a refugee whose residence permit has been revoked, but suspends the implementation of that decision, it is incompatible with that directive to deny access to the benefits guaranteed by Chapter VII of the same directive, unless an exception expressly laid down in the directive applies."


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-373/13
Date of Decision
24/06/2015
Country of Origin
Keywords
Exclusion
National security
Source
CURIA