1. The correct approach to cessation in Article 1(C) of the Refugee Convent ion, Article 11 of the Qualification Directive 2004/83 and paragraph 339A of the Immigration Rules can be summarised as follows:
(i) There is a requirement of symmetry between the grant and cessation of refugee status because the cessation decision is the mirror image of a decision determining refugee status i.e. the grounds for cessation do not go beyond verifying whether the grounds for recognition of refugee status continue to exist – see Abdulla v Bundesrepublik Deutschland (Joined Cases C-175/08, C-176/08, C-178/08 and C-179/08) [2011] QB 46 at [89] and SSHD v MA (Somalia) [2019] EWCA Civ 994, [2018] I mm AR 1273 at [2] and [46].
(ii) ‘The circumstances in connection with which [a person] has been recognised as a refugee’ are likely to be a combination of the general political conditions in that person’s home country and some aspect of that person’s personal characteristics. Accordingly, a relevant change in circumstances might in a particular case also arise from a combination of changes in the general political conditions in the home country and in the individual’s personal characteristics, or even from a change just in the individual’s personal characteristics, if that change means that she now falls outside a group likely to be persecuted by the authorities of the home state. The relevant change must in each case be durable in nature and the burden is upon the respondent to prove it – see Abdulla at [76] and SSHD v MM (Zimbabwe) [2017] EWCA Civ 797, [2017] 4 WLR 132 at [24] and [36].
(iii) The reference in the Qualification Directive (as replicated in paragraph 339A) to a ‘change in circumstances of such a significant and non-temporary nature’ will have occurred when the factors which formed the basis of the refugee’s fear of persecution have been ‘permanently eradicated’ – see Abdulla at [73] wherein it was pointed out that not only must the relevant circumstances have ceased to exist but that the individual has no other reason to fear being persecuted.
(iv) The relevant test is not change in circumstances, but whether circumstances in which status was granted have ‘ceased to exist’ and this involves a wider examination – see SSHD v KN (DRC) [2019] EWCA Civ 1655 at [33] .
(v) The views of the UNHCR are of considerable importance – HK (Iraq) v SSHD [2017] EWCA Civ 1871 at [41], but can be departed from.
2. It is therefore for the SSHD to demonstrate that the circumstances which justified the grant of refugee status have ceased to exist and that there are no other circumstances which would now give rise to a well-founded fear of persecution for reasons covered by the Refugee Convention. The focus of the assessment must be on: (i) the personal circumstances and relevant country background evidence including the country guidance (‘CG’) case-law appertaining at the time that refugee status was granted and; (ii) the current personal circumstances together with the current country background evidence including the applicable CG.
Judges:
The Hon Mr Justice Lane, President
Upper Tribunal Judge Plimmer
Citations:
[2021] UKUT 283 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.671701