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18/10/2021
BE: The CALL ruled on the withdrawal of protection status and consequences on refoulement.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights (EU Charter); European Convention on Human Rights (ECHR); 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
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. v Belgium, No 262 327 , 18 October 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=2281
Case history
Other information

European Union, Court of Justice of the European Union [CJEU], M v. Ministerstvo vnitra (C‑391/16) (CZ), and X (C‑77/17), X (C‑78/17) v. Commissaire général aux réfugiés et aux apatrides (FR), Joint cases: C-391/16, C-77/17 and C-78/17, ECLI:EU:C:2019:403 , 14 May 2019. Link redirects to the English summary in the EUAA Case Law Database.
Abstract

The applicant, a national of Turkey, was provided refugee status on 25 October 2011. Following several criminal convictions, his status was withdrawn and on 7 December 2020 a decision was issued to end his stay in Belgium. The decision was contested by the applicant.


The CALL held that even if the refugee status has been withdrawn, the fact remains that its value is retained. The applicant is therefore protected against refoulement as long as the decision is not accompanied by any order to leave the territory.


Regarding the loss of his fundamental rights on Belgian territory, he nevertheless retains some of them, unless the contested decision confirms the loss of the benefit.


The CALL cited the CJEU judgments in M v. Ministerstvo vnitra (C‑391/16) (CZ), and X (C‑77/17), X (C‑78/17) v. Commissaire général aux réfugiés et aux apatrides (FR), C-391/16, C-77/17 and C-78/17, 14 May 2019.
Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No 262 327
Date of Decision
18/10/2021
Country of Origin
Türkiye
Keywords
Non-refoulement
Refugee Protection
Withdrawal/End/Revocation/Renewal of Protection
Return/Removal/Deportation
Source
CALL Database