As Syria undergoes significant political changes following the fall of President Bashar al-Assad, many European countries have suspended asylum applications from Syrians. Conservative and far-right groups in the EU have viewed this as an opportunity to advance anti-immigration agendas. However, the UN Refugee Agency (UNHCR) states that revoking refugee status under the 1951 Refugee Convention requires fundamental changes in the country of origin, which applies to all forms of protection.
“These developments raise urgent questions about whether states are acting in accordance with international refugee and human rights obligations, particularly the principle of non-refoulement”, said on 11 December the Council of Europe (CoE) Commissioner for Human Rights, Michael O’Flaherty. “Under the principle of non-refoulement, no individual should be sent back to a situation where they face a real risk of harm. On this basis, the rapidly changing conditions on the ground in Syria demand careful, evidence-based decisions”.
Withdrawal of protection should not affect those with compelling reasons due to past persecution, nor can individuals be returned to places where they face risks to their lives or potential torture, according to the European Convention on Human Rights.
Commissioner O’Flaherty highlighted that states must consider how returning individuals might impact family and private life.
Return decisions must be evidence-based, and any changes in protection status should follow a thorough assessment of ongoing human rights risks.
O’Flaherty emphasised that member states should ensure the return process for Syrians wishing to return is well-informed and voluntary, free from undue pressure. Those with unprocessed asylum claims should have access to adequate reception conditions and documentation, and evaluations must be fair and individualised.
Lastly, if the situation in Syria leads to more people fleeing, member states must provide genuine access to asylum procedures, protect against refoulement, and avoid collective expulsions, underlined Commissioner O’Flaherty.
“I will continue to closely follow this rapidly evolving situation while calling on Council of Europe member states to assiduously respect applicable international law and good practice,” he added.
