chapter  4
‘Changed circumstances’
Demonstrating a fundamental, stable and durable change
WithMaria O’Sullivan
Pages 19

This chapter deals with the standard of proof to be used by states in establishing that there has been a sufficient change in circumstances in a country in order to satisfy the requirements of Article 1C(5). In discussing this standard, it must be borne in mind that the act of revoking a person’s refugee status is a significant one. The interaction between cessation and armed conflict raises important conceptual questions about the extent to which general country conditions should be considered in cessation decisions which might be different to the test for refugee status in Article 1A(2) of the Convention. This is important, as the refugee definition in Article 1A(2) of the 1951 Refugee Convention is highly individualised in nature. With the introduction of a formal complementary protection regime in the European Union under the Qualification Directive, refugee advocates and decision-making bodies are increasingly utilising complementary protection status when granting protection to applicants, rather than refugee status.