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14/04/2021
BE: The CALL confirmed decision to withdraw refugee status to a Burundian applicant

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissaire général aux réfugiés et aux apatrides (CGRS), 252 746 , 14 April 2021. 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=2186
Case history
Other information
Abstract

The applicant, Burundian national and of tutsi ethnic group, has applied for international protection on grounds related to his involvement in manifestations against the President when the later announced to participate for a third mandate. Refugee status was granted on 31 May 2017. The Office for foreigners informed the CGRS that the applicant had returned to his country of origin, and he was invited for an interview on 18 February 2020 where the applicant mentioned to have visited Burundi for his father funeral and also he applied and obtained a passport.   The CGRS noted that the applicant had no difficulties to return to his country of origin and to take part in the funerals which are a public ceremony according to local tradition. The CGRS noted that the applicant did not face any issue in his country of origin, nor was he looked as opponent by the authorities Thus, the CGRS concluded that the refugee protection shall be withdrawn because his personal behavior and return to his country of origin demonstrate the absence of any fear of persecution. The applicant appealed against the decision, but the CALL confirmed the withdrawal of protection. The CALL concluded that the applicant’s behaviour, including his return and application for a passport, indicated an absence of fear of persecution.


Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
252 746
Date of Decision
14/04/2021
Country of Origin
Burundi
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Country of Origin Information
Withdrawal/End/Revocation/Renewal of Protection
Source
CALL