Last Updated on June 1, 2021 by LawEuro
Asylum Act (Germany)
Chapter 8
Expiry of legal status
Section 72
Cessation
(1) Recognition of asylum status and refugee status shall cease to have effect if the foreigner
1. voluntarily or by accepting or renewing a national passport or by any other action places himself anew under the protection of the state whose nationality he holds,
1a. voluntarily returns to and settles in the country he left or stayed away from for fear of persecution, or
2. after losing his nationality has voluntarily regained it,
3. has obtained a new nationality upon application and enjoys the protection of the state whose nationality he has obtained, or
4. renounces such recognition or withdraws his application before the decision of the Federal Office becomes incontestable.
(2) The foreigner shall return the notification of recognition and the travel document to the foreigners authority without delay.
Section 73
Revocation and withdrawal of asylum and refugee status
(1) Recognition of asylum and refugee status shall be revoked without delay if the conditions on which such recognition is based have ceased to exist. In particular, this shall be the case if, after the conditions on which his recognition as being entitled to asylum or refugee status is based have ceased to exist, the foreigner can no longer refuse to claim the protection of the country of which he is a citizen, or if he, as a stateless person, is able to return to the country where he had his usual residence. The second sentence shall not apply if the foreigner has compelling reasons, based on earlier persecution, for refusing to return to the country of which he is a citizen, or, if he is a stateless person, in which he had his usual residence.
(2) Recognition of asylum status shall be withdrawn if it was granted on the basis of incorrect information or withholding of essential facts and if such recognition could not be based on any other grounds. The first sentence shall be applied to refugee status accordingly.
(2a) No more than three years after the decision becomes incontestable, it shall be examined whether the conditions for revocation pursuant to subsection 1 or withdrawal pursuant to subsection 2 exist. If the requirements for revocation or withdrawal are met, the Federal Office shall inform the foreigners authority of this fact no later than one month after the favourable decision has become incontestable for three years. Otherwise, the foreigners authority need not be informed. The foreigners authority shall also be informed which persons pursuant to Section 26 derive their asylum or refugee status from the foreigner and whether the conditions for revocation pursuant to subsection 2b exist in their case. If no revocation or withdrawal follows the examination, a later decision pursuant to subsections 1 or 2 is possible unless the asylum or refugee status is revoked or withdrawn because the conditions pursuant to Section 60 (8), first sentence of the Residence Act or Section 3 (2) exist or because the Federal Office has decided not to apply Section 60 (1) of the Residence Act pursuant to Section 60 (8), third sentence, of the Residence Act.
(2b) In the cases referred to in Section 26 (1) to (3) and (5), recognition of asylum and refugee status shall be revoked if the conditions of Section 26 (4), first sentence are met. The asylum status shall furthermore be revoked if the asylum status of the person from whom the status recognition was derived has expired, been revoked or withdrawn and if the foreigner could not be granted asylum for other reasons. In cases pursuant to Section 26 (5), refugee status shall be revoked if the refugee status of the person from whom the recognition was derived, has expired, been revoked or withdrawn and if the foreigner could not be granted refugee status for other reasons.
(2c) For the purpose of naturalization procedures, the decision on the asylum application shall no longer be binding until the revocation or withdrawal becomes legally valid.
(3) If the asylum status or the refugee status is revoked or withdrawn, a decision shall be taken as to whether the requirements for subsidiary protection or the conditions referred to in Section 60 (5) or (7) of the Residence Act are fulfilled.
(4) The foreigner shall be informed in writing of a planned decision to revoke or withdraw pursuant to this provision or to Section 48 of the Administrative Procedure Act, and shall be given the opportunity to respond. He may be requested to respond in writing within a period of one month. If the foreigner fails to respond within this period, the decision shall be taken on the basis of the record as it stands; the foreigner shall be informed of the legal consequences.
(5) Communications or decisions of the Federal Office which require action by a certain deadline shall be delivered to the foreigner.
(6) If the recognition of entitlement to asylum or refugee status is incontestably revoked or withdrawn or no longer in effect for other reasons, Section 72 (2) shall apply accordingly.
(7) (repealed)
Section 73a
Foreign recognition as a refugee
(1) If the responsibility for issuing a passport for a foreigner granted refugee status by a foreign country within the meaning of the Convention relating to the status of refugees has been transferred from a foreign country to the Federal Republic of Germany, the foreigner’s legal status as a refugee in the Federal Republic of Germany shall cease to have effect if one of the circumstances listed in Section 72 (1) takes effect. The foreigner shall surrender the passport to the foreigners authorities without delay.
(2) The foreigner’s legal status as a refugee in the Federal Republic of Germany shall be withdrawn if the requirements for granting refugee status are not or no longer met. Section 73 shall apply accordingly.
Section 73b
Revocation and withdrawal of subsidiary protection
(1) Subsidiary protection status shall be revoked when the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required. Section 73 (1), third sentence, shall apply accordingly.
(2) In applying subsection 1, it shall be taken into account whether the change of circumstances is so significant and lasting that the person eligible for subsidiary protection no longer faces a real risk of serious harm within the meaning of Section 4 (1).
(3) Subsidiary protection status shall be withdrawn if the foreigner should have been or is excluded from the eligibility for subsidiary protection in line with Section 4 (2) or if his misrepresentation or omission of facts or the use of false documents were decisive for the granting of subsidiary protection status.
(4) Section 73 (2b), third sentence, and (2c) to (6) shall apply accordingly.
Section 73c
Withdrawal and revocation of deportation bans
(1) The establishment that the requirements of Section 60 (5) or (7) of the Residence Act are met shall be withdrawn if and when it is inaccurate.
(2) The establishment that the requirements of Section 60 (5) or (7) of the Residence Act are met shall be withdrawn if and when the requirements are no longer met.
(3) Section 73 (2c) to (6) shall apply accordingly.
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