Brussels, 24/06/2015 (Agence Europe) - A member state may revoke the residence permit of a refugee when there are compelling reasons of national security or public order, such as support for a terrorist organisation. However, the extent of the threat posed by the refugee and by the association he/she supports must be gauged. Equally, the loss of the residence permit does not necessarily mean the loss of refugee status.
This was the decision reached by the Court of Justice of the EU on Wednesday 24 June in a sensitive case (C-373/13) in which it was to be determined whether, under Directive 2004/83 on refugee status, a member state could revoke the residence document of a refugee for compelling reasons of national security or public order and, more precisely, whether the support of a refugee for a terrorist association may be invoked as grounds in such a context.
The case involves a Turkish national of Kurdish origin who settled in Germany in 1989 with his wife and children, some of whom have German nationality. He was granted indefinite refugee status because of the political activities he conducted in exile on behalf of the Kurdish Workers Party (PKK) and the political persecution he was likely to face on his return to Turkey.
Later, after the German government had banned the PKK and other organisations linked to it from engaging in any activities in Germany, a German court revoked the residence permit held by the said Turkish national and ordered his expulsion for compelling reasons on national security and public order, on the grounds of his continuing activities in exile on behalf of the PKK.
In its ruling, the Court said that, while the directive does not make provision for revocation of residence documents, member states must have this right for the same reasons that they have the right not to grant or not to renew residence permits, that is, for compelling reasons of national security or public order. These reasons, moreover, include cases where foreign nationals support terrorist associations.
However, the Court stressed, these reasons must be well-founded. National courts must thus make sure that the acts of the organisation suspected of being a terrorist association may, indeed, threaten national security or public order, and determine the role played by the foreign national supporting the organisation and whether he/she represents a threat. It must be determined whether he/she has committed acts of terrorism or been associated in any way with such acts (planning, decision-making, instigation, funding or provision of logistical support).
The Court noted, lastly, that a refugee, whose residence permit has been revoked pursuant to the directive, retains the rights associated with refugee status (protection against refoulement, issue of travel documents, social protection, etc.) until such time as this status no longer stands.
In the case at issue, the Court noted that the support for the PKK by the Turkish national would seem to have been limited to participation in legal meetings and collecting donations, activities which, in the Court's view, do not necessarily mean that he subscribed to the legitimacy of terrorist activities or that this kind of support constitutes, in itself, an act of terrorism. It will now be for the German court to determine the seriousness of the threat to Germany that this person represents. The Court also called on Germany to amend its legislation as it makes the enjoyment of some rights of refugee status conditional upon holding a residence permit. (Jan Kordys)