This ad hoc query examines whether EMN Member and Observer countries allow the revocation of temporary protection residence permits when beneficiaries are granted temporary protection in another Member State under Article 8(1) of Directive 2001/55/EC. It seeks to identify the legal provisions governing such revocation or, where applicable, alternative approaches.

This ad hoc query seeks to map the processes in place across EMN Member and Observer Countries to conduct systematic post-decision monitoring of residence permits; in other words, to check whether residence permit holders still fulfill the criteria of their residence permits.

In the event of implicit withdrawal or abandonment of an asylum application, Art. 28 par. 2 of the directive 2013/32/EU allows Member States to determine in their legislation a time limit of at least nine months, after which the applicant’s case can no longer be reopened or the new application may be treated as a subsequent application. The German Federal Office for Migration and Refugees launched an ad hoc query to enquire whether and how the Member States transposed this provision.