Temporary ProtectionAt any time, the European Commission can propose to the Council of Ministers of the EU to end the application of the directive and stop temporary protection—if the situation in Ukraine allows its citizens to return safely.
As the name "temporary protection" suggests, it is applied only temporarily and can be halted at any moment, either upon the expiration of the 2-year period (or 3 years if extended by 1 year) from its initiation or after a decision by the European Commission and the Council of Ministers of the EU. The general cancellation of temporary protection cannot be contested (individual cases decided by the prefecture can be contested before the administrative court).
It is also important to note that temporary protection allows for a return to the home country, but only for a short period.
Subsidiary ProtectionSubsidiary protection, like political asylum, can be terminated by OFPRA (French Office for the Protection of Refugees and Stateless Persons) in the following cases (Articles L511-8, L512-3): if there are significant and permanent changes in the circumstances that led to the recognition of this status.
However, even despite changes in circumstances, a foreigner may refuse to return to their home country due to serious threats to their life or physical and psychological integrity in their home country, of which they have been a victim. For example, if military actions have ceased in the home country but have left psychological effects on the foreigner, their protection in France will be extended (Geneva Convention Article 1 A, 2*).
Political AsylumA foreigner’s protection status can be revoked in cases such as:
- If the foreigner has committed serious crimes in another country or within France.
- If the protection status was obtained through fraudulent actions.
- If the foreigner returns to the country from which they received protection or holds a passport from that country.
- If the foreigner acquires citizenship of any country (including France).
It is important to understand that the revocation of political refugee status or subsidiary protection is an administrative procedure that allows for appeal before the CNDA (National Court of Asylum).
Revocation occurs in exceptional and individual cases. As mentioned earlier, even if the actions in the home country that led to the granting of refugee/subsidiary protection status in France have ceased but have caused psychological consequences for the foreigner, the protection will be extended.