Federal Administrative Court - Decision 10 C 33.07

Asylum Procedure Act Section 73 (1), (2a) and (7)
Residence Act Section 52 (1) sentence 1 No. 4, Section 60 (1), (2), (3) and (7), Section 60a (1) sentence 1
Aliens Act Section 51 (1)
Basic Law Article 16a (1)
GRC Article 1 A No. 2, Article 1 C No. 5 and 6
Act on Administrative Law Procedure Section 48 (4), Section 49 (2) sentence 2
EC Treaty Article 68 (1), Article 234 (1) and (3)
VCLT Article 31 (1) and (3) b
Directive 2004/83/EC Article 2 c, Article 4 (4), Article 7 (1), Article 11 (1) e and f and (2), Article 14 (1) and 2, Article 15, 18, 38 (1) sentence 1, Article 39

Headwords:
Withdrawal of recognition of refugee status (Iraq); preliminary ruling; overreaching implementation; existing recognition; discretion; immediacy; year's grace period for withdrawal; fear of persecution; new, different persecution; actor of protection; subsidiary protection; protection from deportation; prior persecution; standard for prognosis; easier standard of proof.

Headnote:
Request for a preliminary ruling from the European Court of Justice to clarify the requirements for cessation of refugee status under Article 11 (1) e of Directive 2004/83/EC.

Decision of the 10th Division of 7 February 2008 - BVerwG 10 C 33.07 (German Version)