Revocation Procedure in Asylum Law
Revocation of asylum status
In certain cases, an asylum status can be revoked after it has been granted, if the relevant conditions are no longer met. These cases are regulated in § 73 Asylgesetz (Asylum Act).
Revocation due to changed circumstances
Asylum status can be revoked if the circumstances on which the granting of asylum was based have ceased to exist. This may be the case, for example, if:
- the persecution feared by the person concerned has ceased
- the person concerned has voluntarily returned to the country of origin
- the person concerned has obtained the nationality of a third country that also offers protection against persecution
- the person concerned has become stateless and can be reasonably expected to be able to live safely in the state of their nationality
- the person concerned has committed a serious crime in Germany
- the asylum seeker fraudulently circumvented the relevant provisions in connection with the asylum application
Procedure
The Federal Office for Migration and Refugees (BAMF) is responsible for the revocation of asylum status. The procedure is initiated ex officio or upon application. The person concerned has the opportunity to comment on the intended revocation.
Legal protection
The person concerned can take legal action against the revocation of their asylum status. The Verwaltungsgericht (Administrative Court) is responsible for this.
Consequence of revocation
If the asylum status is revoked, the person concerned loses their right to stay in Germany. They can be ordered to leave the country and may be subject to a re-entry ban for up to ten years.
Note: This is only a general overview of the revocation of asylum status in Germany. The specific legal situation may vary depending on the individual case.
Widerrufsverfahren im Asylrecht
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