Darf ich während des Verfahrens weiterarbeiten?

Grundsätzlich ja, solange Ihr Status besteht. Vor einem Jobwechsel sollten Sie das prüfen lassen.

Wann darf das BFA den subsidiären Schutz entziehen?

Etwa wenn sich die Lage im Herkunftsland nachhaltig verbessert hat, wenn im ersten Verfahren falsche Angaben gemacht wurden oder bei Straffälligkeit. Eine nachhaltige Verbesserung muss die Behörde gut begründen.

Was kann ich gegen den Bescheid tun?

Fristgerecht Beschwerde an das Bundesverwaltungsgericht erheben. Gegen dessen Entscheidung sind Beschwerde an den Verfassungsgerichtshof und Revision an den Verwaltungsgerichtshof möglich, jeweils binnen sechs Wochen.

Subsidiary Protection Withdrawn | Immigration Lawyer Vienna

In short

The residence permit for subsidiary protection is time-limited; the status itself remains until it is withdrawn with final effect.
When you apply for an extension, the BFA increasingly checks whether the protection should be withdrawn.
Common reasons: an improved situation in the country of origin, false statements, criminal offences.
Collect proof of integration and lodge an appeal (Beschwerde) within the deadline stated in the instructions on legal remedies (Rechtsmittelbelehrung) in your notice (Bescheid).

Withdrawal

What used to be rare is now common

The residence permit for beneficiaries of subsidiary protection is time-limited and must be extended. More and more often, the BFA checks whether the reasons for protection still exist and opens proceedings for withdrawal, formerly called revocation (Aberkennung). This can take a year or longer.

Reasons

The most common reasons for withdrawal

Changed situation

The situation in the country of origin is said to have improved lastingly, for example because a region is considered safe or a drought is over. The authority must give good reasons for this, however.

False statements

In the first procedure, important facts were concealed or stated incorrectly, for example about family in the country of origin.

Criminal offences

The person committed criminal offences and is considered a current threat to public security.

During the procedure

Your rights remain in place

Your status remains until it has been withdrawn with final effect. Nevertheless, apply to extend your residence permit in good time before it expires, at the earliest three months before. A later application counts as a first application.

You may continue working for your current employer. Be careful if you change jobs: have this checked beforehand.
Entitlements to social benefits such as family allowance (Familienbeihilfe) generally remain in place.
If a benefit is stopped anyway, contact us immediately.

After the court

If the Federal Administrative Court dismisses your appeal

You can then file a complaint (Beschwerde) with the Constitutional Court (VfGH) or an extraordinary revision with the Supreme Administrative Court (VwGH). Both must be filed by a lawyer. If you cannot afford this, you can apply for legal aid (Verfahrenshilfe). A humanitarian residence permit may also be an option.

A revision or a complaint to the Constitutional Court does not by itself stop a deportation or transfer. Suspensive effect (aufschiebende Wirkung) must be applied for separately. Tell us immediately once a date has been set.

Options after a negative decision →

Preparation

What you can do now

Collect integration documents: German certificates, payslips or a job offer, confirmations from associations, letters from friends
Lodge an appeal against the withdrawal notice within the deadline stated in the instructions on legal remedies in your notice
Keep taking integration steps until the hearing: German course, work, volunteering

Sometimes the BFA withdraws protection and at the same time grants a residence permit "plus" (Aufenthaltsberechtigung plus). Even then, it is worth getting advice on which route is more secure in the long term.

From our practice: The BFA withdrew subsidiary protection from a Somali man on the grounds that the drought was over. The Federal Administrative Court saw no lasting improvement and extended his residence permit. Read the case (in German) →

Questions we get asked

Withdrawal of protection: short answers

May I continue working during the procedure?

In principle yes, as long as your status exists. Before changing jobs, you should have this checked.

When may the BFA withdraw subsidiary protection?

For example if the situation in the country of origin has improved lastingly, if false statements were made in the first procedure, or in the case of criminal offences. The authority must give good reasons for a lasting improvement.

What can I do against the notice?

Lodge an appeal with the Federal Administrative Court (BVwG) within the deadline stated in the instructions on legal remedies in your notice. Against its decision, a complaint to the Constitutional Court and a revision (Revision) to the Supreme Administrative Court are possible, each within six weeks.