The European Court of Justice has ruled that if a refugee is convicted of a crime, their refugee status may only be revoked or denied if they also pose a significant danger to society.
The European Court of Justice (ECJ) has issued three judgments concerning when refugee status can be withdrawn or refused. The withdrawal of refugee status following a criminal offence is already regulated under EU law, but the details have not yet been determined.
Austria, Belgium and the Netherlands had each referred questions about this issue to the Court in Luxembourg to clarify the interpretation of the regulation.
The judges on Thursday (July 6) ruled that two conditions must be met before refugee status can be revoked. It said that, as well as having a final conviction for a serious crime, the refugee must also pose an actual, present and significant danger to the general public. Authorities may then revoke refugee status, as long as the measure is proportionate, but they are not obliged to do so.
In response to the question from Austria, the Luxembourg court said that national authorities were not obliged to take into account the conditions the refugee would face it they were deported to their country of origin.
However, the ECJ verdicts do not concern deportation as such. Even if a refugee's status is revoked, they are not necessarily deported, for example, if they are at risk of being exposed to certain dangers in their home country.
With dpa, afp