Home Office’s decision on national security is sufficient to revoke refugee (asylum) status

7 February 2025

The Court of Appeal found that once the Home Office concludes that a refugee is a danger to national security, it is entitled to revoke his refugee (asylum) status. This is the decision of the Court of Appeal in the case of D8 v Secretary of State for the Home Department [2025] EWCA Civ 33.

The court confirmed that the Home Office does not have to go on to consider whether there are less intrusive measures that could be applied.

The court underlined the importance of allowing the Home Office to take the decision that an individual is a danger to national security as the Home Office has the best information available and is accountable for the decision.

Previously, prior to deciding whether to revoke one’s refugee (asylum) status, the Home Office had to apply a two-stage test whereby it was not enough to decide rationally that a person was a danger to national security, but also the Home Office then had to go on to balance that danger against the cost, practicability and feasibility of less intrusive measures than revocation. That, in turn, led to delays and higher costs incurred for the decision-making process to be completed.

The decision therefore confirms a single-stage test. Unless the Home Office’s national security decision can itself be challenged by judicial review, refugee (asylum) status can be revoked without a further balancing exercise.

For further advice and assistance with refugee and asylum cases, or any other immigration matters, please contact our immigration team by emailing Robert Sookias at RobertSookias@cartercamerons.com.