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International Journal of Refugee Law 2005 17(3):630-642; doi:10.1093/ijrl/eei023
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© The Author (2005). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oupjournals.org

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Note on the Cancellation of Refugee Status

The first 150 words of the full text of this article appear below.


   I. Introduction
 
1. Under applicable legal principles and standards, a person who was recognised as a refugee by a State under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (hereafter referred to as the "1951 Convention") and/or determined to be a "mandate refugee" by UNHCR may lose refugee status only if certain conditions are met. The following three categories need to be distinguished:

  1. Cancellation: a decision to invalidate a refugee status recognition which should not have been granted in the first place. Cancellation affects determinations that have become final, that is, they are no longer subject to appeal or review. It has the effect of rendering refugee status null and void from the date of the initial determination (ab initio or ex tunc — from the start or from then).1
  2. Revocation: withdrawal of refugee status in situations where a person engages in conduct which . . . [Full Text of this Article]


   II. General considerations and legal principles
 
A. General considerations
B. General legal principles
C. Opening cancellation proceedings

   III. Grounds for cancellation of refugee status
 
A. Substantive criteria for cancelling refugee status
B. Criteria for cancelling final administrative decisions
Fraud by the applicant
Other misconduct by the applicant
Cancellation on the basis of an error by the determining authority

   IV. Evidentiary requirements
 
A. Evidence required to establish the existence of a ground for cancellation
B. Burden and standard of proof
C. Other questions related to evidence

   V. CANCELLATION — DISCRETIONARY OR MANDATORY?
 

   VI. PROCEDURAL ISSUES
 

   VII. EFFECT AND CONSEQUENCES
 
UNHCR

Protection Policy and Legal Advice Section, Department of International Protection Geneva, 22 November 2004


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