Losing refugee status: Court of Justice rules that ‘State protection’ does not include social of financial support from family or clan
The Court of Justice has ruled today that, under EU law, refugee status cannot be revoked on the grounds that social and financial support is provided by family or clan members, as State protection is what is relevant when deciding if there is no longer a well-founded fear of persecution.
The case is SSHD v OA (C‑255/19), and concerns the refugee status granted in the 1990s to a Somali national who is a member of the minority Reer Hamar clan and fled the country due to serious harm and violence from militia. The UK revoked that status in 2014 due to ‘a change in circumstances in his country of origin’, the militia no longer being present in his hometown.
The Court clarifies that the State ‘protection’ requirements, when con