Loss or withdrawal of international protection

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Important: with the entry into force of the Pact on Migration and Asylum on 12 June 2026, and the Law of 11 June 2026 on the implementation of the European Pact on Migration and Asylum, the rules that apply to the processing of applications for international protection that are filed in Luxembourg vary depending on the date of application.

In principle, the procedure for applications filed before 12 June 2026 is still governed by the provisions of the Law of 18 December 2015 (as amended) on international protection and temporary protection, which have been expressly maintained in force under Article 44 of the Law of 11 June 2026. Applications filed after that date are processed in accordance with Regulation (EU) 2024/1348 establishing a common procedure for international protection in the Union, and with the Law of 11 June 2026 implementing the European Pact on Migration and Asylum.

However, as of 12 June 2026, Regulation (EU) 2024/1347 on the conditions required to qualify for international protection applies to applications filed both before and after 12 June 2026.

All applicants, regardless of whether they filed their application before or after 12 June 2026, are subject to the new rules on asylum and migration management (Regulation (EU) 2024/1351).

International protection status can be lost or withdrawn by the Ministry of Home Affairs (ministère des Affaires intérieures).

Loss of the status

You will cease to qualify as a refugee when one or more of the following conditions apply:

  • you have voluntarily claimed protection again from the country of which you are a national;
  • having lost your nationality, you have voluntarily reclaimed it;
  • you have willingly returned to settle in the country that you left, or where you feared to return due to the risk of persecution;
  • you can no longer continue to refuse to claim protection from the country of which you are a national, as the circumstances which caused you to be recognised as a refugee have ceased to exist;
  • you are a stateless person and you are able to return to the country in which you usually reside, as the circumstances which caused you to be recognised as a refugee have ceased to exist;
  • you have acquired the nationality of another country, and benefit from the protection of that country.

You will cease to benefit from subsidiary protection, and will lose the related documents, if the circumstances that led to that protection being granted cease to exist, or have changed in a way that means subsidiary protection is no longer necessary.

Withdrawal of the status

The Ministry of Home Affairs may decide to withdraw refugee status if:

  • you are found to have misrepresented or omitted facts, including using false documents, which were instrumental in the original decision to grant you refugee status;
  • it is discovered that you ought to have been ineligible for refugee status because there are credible reasons to believe that:
    • you have committed crimes against peace, war crimes or crimes against humanity;
    • you had committed serious criminal offences against common law outside Luxembourg before being accepted as a refugee; or
    • you are guilty of offences contrary to the United Nations' purposes and principles;
    • there are credible reasons to believe that you are a threat to national security;
  • you have been convicted in the final instance of a particularly serious crime.

Subsidiary protection can be withdrawn if:

  • you are found to have misrepresented or omitted facts, including using false documents, which were instrumental in the original decision to grant you subsidiary protection status;
  • it is discovered that you ought to have been ineligible for subsidiary protection because there are credible reasons to believe that:
    • you have committed crimes against peace, war crimes or crimes against humanity;
    • you had committed a serious criminal offence against common law before arriving in Luxembourg, or had been convicted of a serious criminal offence after your arrival;
    • you are guilty of offences contrary to the United Nations' purposes and principles; or
    • you pose a threat to Luxembourg society or national security.

Appeals against the decision to withdraw international protection

You may appeal to the Administrative Tribunal against the decision to withdraw international protection, and against the order to leave Luxembourg.

The appeal must be brought within 20 days of the date on which notice of decision was given.

If the appeal is duly lodged within that time frame, it may, in certain cases, be suspensory. If the appeal is suspensory, you will be permitted to remain in Luxembourg until a decision has been made on your appeal. If the appeal is not suspensory, you will not be permitted to remain in Luxembourg: you will have to leave Luxembourg within the time frame specified in the ministerial decision. However, you may petition the competent court to seek permission to remain in Luxembourg pending the Administrative Tribunal's decision on your appeal.

You may appeal against the Administrative Tribunal's decision within 15 days of notice of that decision. In this case, the appeal is not automatically suspensory, which means that you may be forced to leave Luxembourg. If you wish to remain in Luxembourg while your appeal is being considered, you must file a specific petition with the competent court.

Related procedures and links

Procedures

Links

Legal references

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