Isn't the mad haste across Europe to suspend processing of asylum apps from Syrian nationals much more of a kneejerk political reaction β than any serious attempt to apply the guidance (or even the principles) set out in the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status?
Sorry, that was unclear. I do blame the national courts. I have little confidence they would be quicker to ask for a preliminary ruling this time around.
3/ As you can see, the Refugee Convention ceases to apply (it's not an option: "shall") if the refugee voluntarily reavails themselves of the protection of their country of nationality. There may be disputes about the interpretation of that phrase (does a visit to Syria to see family members count?)
4/ Article 1.C(5) provides that cessation can also occur *in*voluntarily, ie where the changed circumstances mean that the refugee can no longer refuse to avail themselves of that protection. There are disputes here where the situation is uncertain or there is still conflict - relevant to Syria.
5/ Note the exception to cessation for "compelling reasons arising out of previous persecution" (ie PTSD, torture); although technically this applies only to refugees covered by previous Conventions (ie the reference to Article 1.A(1)).
6/ Cessation only applies to the *Refugee Convention* though. Some Syrian refugees may have separate long-term resident status under national immigration law, or another separate legal basis to stay, or even have acquired citizenship in a State of refuge.
7/ Article 1.C applies to States that have ratified the Convention - most countries, but not all. But Turkey, home to millions of Syrian refugees, is in a special position: it invoked the option to apply the Convention only to people fleeing persecution in Europe, ie not to Syrians (or Afghans etc)
One question is how soon after said appalling dictatorship is ousted would people lose refugee status. When does anyone know itβs safe to return? If the new regime is Jihadist, are women/professional women/LGBT+ safe? And when would anyone conclude that?
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