6. Withdrawal of protection status
Indicators: Withdrawal
1. Is a personal interview of the beneficiary in most cases conducted in practice in the withdrawal
procedure?
Yes
No
2. Does the law provide for an appeal against the withdrawal decision?
Yes
No
3. Do beneficiaries have access to free legal assistance at first instance in practice?
Yes
With difficulty
No
❖ Beneficiaries of international protection who fall under the jurisdiction of the Headquarters of the
Hellenic Police (old procedure) are not provided with free legal assistance.
Withdrawal or non-renewal of refugee status is provided under Article 13 of the Asylum Code, where the
person:
(a) Ceases to be a refugee according to Article 10 of the Asylum Code
(b) Should have been excluded from refugee status according to Article 11 Asylum Code;
(c) The use of false or withheld information, including the use of false documents, was decisive in
granting refugee status;
(d) Is reasonably considered to represent a threat to national security; 1363 or
(e) Constitutes a threat to society following a final conviction for a particularly serious crime.
Without prejudice to the obligation of refugees to disclose any relevant information and to produce any
relevant document available to them, in accordance with para. 1 of Article 3 of the Asylum Code, the
determining authority shall demonstrate on an individual basis that the person concerned has ceased to
be a refugee or has never been a refugee.1364
Under Article 18 of the Asylum Code, subsidiary protection may be withdrawn in case of:
(a) cessation under Article 15 of the Asylum Code;
(b) a beneficiary should have been excluded from subsidiary protection status according to Article
16(1) and (2) of the Asylum Code;
(c) it is established that the person has provided false information, or omitted information, decisive
to the granting of protection.
In case of withdrawals, the beneficiaries of international protection: 1365
a) are informed in writing by the competent authority at least fifteen (15) working days before the reexamination of their international protection, as well as for the reasons of the re-examination,
b) are entitled to submit a written statement to the competent authority, invoking the reasons why
they consider that the status granted should not be withdrawn.
It is noted that in case of withdrawal, individuals have the right to submit an administrative appeal before
the Appeals Committee within 30 days from the notification of the decision, 1366 and in case of rejection,
they may lodge an Application for Annulment before the competent Administrative Court within 30
days.1367 Moreover, according to Article 97(2) and 99(4) of the Asylum Code, if an appeal is submitted
against a decision of revocation, the residence permit is returned to the appellant.
In October 2020, a Senegalese national, recognised refugee since 2014 (victim of female genital
mutilation, forced marriage and sexual violence), submitted an application for the renewal of her and her
1363
1364
1365
1366
1367
The Asylum Service issued a Circular on 14 February 2022, concerning the cases where committing a serious
crime is a ground for withdrawal or non-renewal of international protection status. See Asylum Service,
Circular, prot. no. 87206, 14 February 2022, available in Greek at: https://tinyurl.com/2p8yxa2u, pp. 14 - 15.
Article 13(2) Asylum Code.
Article 96(2) Asylum Code.
Article 97(1)(a) Asylum Code.
Article 115 Asylum Code.
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