Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/24/2015

Subject: The Court affirmed that a residence permit, once granted to a refugee, may be revoked, either where there are compelling reasons of national security or public order, or where there are reasons to apply the derogation from the principle of non-refoulement. Support for a terrorist organisation included on the list annexed to Council Common Position 2001/931/CFSP may constitute one of the ‘compelling reasons of national security or public order’ within the meaning of Article 24(1) of Directive 2004/83, even if the conditions set out in Article 21(2) of that directive are not met. In order to be able to revoke a residence permit granted to a refugee on the ground that that refugee supports such a terrorist organisation, the competent authorities are nevertheless obliged to carry out, under the supervision of the national courts, an individual assessment of the specific facts concerning the actions of both the organisation and the refugee in question. Where a Member State decides to expel a refugee whose residence permit has been revoked, but suspends the implementation of that decision, it is incompatible with that directive to deny access to the benefits guaranteed by the same directive, unless an exception expressly laid down in the directive applies

Parties: T.

Classification: Freedoms - Art. 18 Right to asylum - Refugees - Art. 19 Expulsion - Citizens’ rights - Art. 45 Freedom of residence

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