Right to asylum

The EU Charter guarantees the “right to asylum”. This means that persons who qualify for asylum have the right to have their status recognised.

EU Charter of Fundamental Rights, Article 18

The Qualification Directive (2011/95/EU) provides in Article 13 for the refugee status and in Article 18 for the subsidiary protection status for those who need international protection, but do not qualify for refugee status. The status of international protection granted to a person under the EU Qualification Directive can be revoked in certain circumstances, for example if there has been a fundamental and genuine improvement in the situation in their country of origin.[1]

Qualification Directive (2011/95/EU), Articles 13 and 18



[1] FRA (European Union Agency for Fundamental Rights) and Council of Europe (2020), Handbook on European law relating to asylum, borders and immigration, Edition 2020, Luxembourg, Publications Office of the European Union (Publications Office), p. 83.

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