ECRE has published a policy note which provides analysis of the EU’s role in supporting transition in Syria while maintaining international protection in Europe. It supports EU coordination and guidance on the treatment of refugees from Syria in Europe and sets out the relevant international and European standards on the postponing of asylum applications and review or cessation of status. Finally, it presents good practice to be applied from the response to displacement from Ukraine, notably the practice of allowing temporary return visits without the loss of status.
The fall of the al-Assad regime was met with joy and relief by the millions of Syrians who have suffered violence, human rights abuses and war. For those who have sought protection outside the country, many may now wish to return. In this sensitive political context, external actors, such as the EU and European governments, have an important role to play in supporting transition.
The EU has highlighted its readiness to engage, subject to conditions such as inclusiveness and accountability. It is vital that the EU’s diplomatic service – the European External Action Service – and foreign policy considerations lead the EU’s response, alongside the European Commission’s Directorate-General for European Civil Protection and Humanitarian Aid Operations managing the humanitarian side. Yet, at the same time, premature statements about the immediate return of refugees to Syria risk generating alarm and undermining the EU’s strategy. Policy in the realm of internal affairs, such as on the treatment of Syrians with international protection status in Europe, should contribute to achieving, rather than undermining the overall objectives of support to a long-term, sustainable transition.
The policy note explains that, while the examination of asylum applications may be postponed, as most European countries have decided to do, this cannot continue indefinitely. The situation in Syria will remain volatile and uncertain for a long time and EU member states (MS) should ensure that applicants are not kept in limbo, including by resuming the processing of applications as soon as possible. During this time of uncertainly, negative decisions should be suspended as recommended by the United Nations Refugee Agency (UNHCR) – a practice successfully applied by EU MS during similar situations of uncertainty. Guidance from the European Commission (EC) setting out the applicable EU law and supporting a consistent approach across the EU would be extremely helpful to ensure a harmonised response.
In addition, the EC should develop a common EU framework on temporary visits to Syria for beneficiaries of international protection, as requested by a number of MS. Such visits should not have an impact on protection status nor be used to argue for a change of status in future cessation proceedings. As demonstrated by the response to displacement from Ukraine, allowing short visits without loss of status allows people to keep or to re-establish a connection with family and property, increasing the likelihood of well-managed return.
The policy note also recalls that EU and international law have strict rules on cessation of international protection status which must be respected. For a detailed legal analysis, see the ECRE legal note on this subject. The situation in Syria is far from meeting the necessary requirements for revocation of status, including that changes of circumstances need to be fundamental, durable and stable. The discussion on review of status is premature and likely to create alarm among Syrians in Europe. When reviews of status begin, the policy note proposes that processes automatically include an assessment as to whether other protection statuses are relevant, rather than requiring new applications to be lodged. For example, even if the grounds for granting refugee status are no longer present, subsidiary protection or national protection statuses could be applicable. Alternatively, there may be other grounds for granting a residence permit, such as work or studies.
Finally, the policy note argues that while EU MS should put measures in place for those Syrians who wish to return to Syria voluntarily, through assisted voluntary return in individual cases, the UNHCR has explicitly warned against large-scale voluntary repatriations to Syria.
The policy note is available here.