Revocation and withdrawal procedures , Date: 2025.10.13, format: Article, area: Asylum and refugee protection

The revocation and withdrawal procedure is part of the asylum procedure.

In the asylum recognition procedure, the application by the person seeking protection is examined to determine whether they are eligible for a protection status (asylum, refugee protection or subsidiary protection, or a national ban on deportation).

If such protection status has been granted, the Federal Office for Migration and Refugees (BAMF) is legally obliged to revoke this protection once the conditions for it no longer apply or never actually applied in the first place. This review takes place in the revocation and withdrawal procedure.

A protection status must be revoked once the conditions for granting it no longer apply. This means that the decision to grant protection status in the asylum recognition procedure at the time was correct, but the conditions justifying such protection status have ceased to exist in light of subsequent developments. One reason for revocation could be, for example, if the risk situation in the country of origin has changed permanently, meaning that the foreign national would no longer face persecution if they returned there. On the other hand, the behaviour of the foreign national may also justify revocation, e.g. if the person entitled to protection has committed criminal offences in Germany or has taken a holiday in their country of origin.

The protection status will be withdrawn if it transpires that the foreign national provided false information or withheld important information during the asylum recognition procedure. This means that the decision made at the time was incorrect from the outset. This is the case, for example, if the foreign national misrepresented their nationality or history of persecution.

The BAMF may review eligibility for a protection status at any time. In most cases, a review is conducted when there is cause to do so, e.g. after receiving a report from the foreigners’ registration office or the police.

Persons entitled to a protection status are legally obliged to cooperate in the review if the Federal Office requests them to do so in writing. If cooperation is refused, a penalty payment may be imposed, or a decision may be made on the basis of the available documentation.

The BAMF will inform the relevant foreigners’ registration office of the result of the examination. Insofar as the foreign national participated in the examination, they will also receive notification.

The foreign national may take legal action against a revocation or withdrawal.

If a protection status has been irrevocably revoked or withdrawn, this does not necessarily result in the termination of residence. Unlike in asylum recognition proceedings, the Federal Office may not decide in revocation and withdrawal proceedings whether the foreign national may continue to remain in Germany. The foreigners’ registration office is responsible for this decision. They will check whether the foreign national may be granted a residence title under the Residence Act (AufenthG) for other reasons. If this is not the case, the expulsion of the foreign national will generally be ordered.