XXXX contre Commissaire général aux réfugiés et aux apatrides, C-483/20
This request for a preliminary ruling concerns the interpretation of Articles 18 and 24 of the Charter of Fundamental Rights of the European Union (‘the Charter’), Articles 2, 20, 23 and 31 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9), and of Article 25(6) and Article 33(2)(a) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60). 22 February 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Family reunification - Right to family life - Unaccompanied / Separated children | Countries: Austria - Belgium - Syrian Arab Republic |
OPINION OF ADVOCATE GENERAL PIKAMÄE, in Case C‑483/20 XXXX
v Commissaire général aux réfugiés et aux apatrides (Request for a preliminary ruling from the Conseil d'État (Belgium))
1. Migratory journeys are often the result of a combination of two elements: chance and necessity. In the case before the Court, a Syrian national, after travelling through Libya and Turkey, arrived in Austria, where, out of necessity, he lodged an application for international protection. After obtaining refugee status, he went to Belgium to be reunited with his two children, one of whom is a minor, and there lodged a new application for international protection, which was declared inadmissible in view of the prior recognition granted in the first Member State. 2. It is against that background that the question arises, to my knowledge for the first time, whether, in particular, the fundamental right to respect for family life enshrined in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), read in conjunction with the obligation to take into consideration the child’s best interests set out in Article 24(2) of the Charter, can override the inadmissibility mechanism for applications for international protection laid down in Article 33(2)(a) of Directive 2013/32/EU. (2) 30 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Austria - Belgium - Syrian Arab Republic |
Bundesrepublik Deutschland v XT, Case C‑507/19, Request for a preliminary ruling
1. The second sentence of Article 12(1)(a) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted must be interpreted as meaning that, in order to determine whether the protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has ceased, it is necessary to take into account, as part of an individual assessment of all the relevant factors of the situation in question, all the fields of UNRWA’s area of operations which a stateless person of Palestinian origin who has left that area has a concrete possibility of accessing and safely remaining therein. 2. The second sentence of Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that UNRWA’s protection or assistance cannot be regarded as having ceased where a stateless person of Palestinian origin left the UNRWA area of operations from a field in that area in which his or her personal safety was at serious risk and in which UNRWA was not in a position to provide that individual with protection or assistance, first, if that individual voluntarily travelled to that field from another field in that area in which his or her personal safety was not at serious risk and in which he or she could receive protection or assistance from UNRWA and, secondly, if he or she could not reasonably expect, on the basis of the specific information available to him or her, to receive protection or assistance from UNRWA in the field to which he or she travelled or to be able to return at short notice to the field from which he or she came, which is for the national court to verify. 13 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Exclusion clauses - Palestinian - Statelessness | Countries: Germany - Lebanon - Syrian Arab Republic |
EZ v Bundesrepublik Deutschland, Case C‑238/19, request for preliminary ruling
This request for a preliminary ruling concerns the interpretation of Article 9(2)(e) and (3) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9). 19 November 2020 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Germany - Syrian Arab Republic |
Opinion of Advocate General Tanchev delivered on 1 October 2020 in Case C-507/19
1 October 2020 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Article 1D - Palestinian - UNRWA | Countries: Germany - Lebanon - Palestine, State of - Syrian Arab Republic |
Opinion of Advocate General Sharpston in Case C‑238/19 EZ v Federal Republic of Germany, represented by the Bundesamt für Migration und Flüchtlinge (Request for a preliminary ruling from the Verwaltungsgericht Hannover (Administrative Court, Hanover, Germany))
Article 9(3) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted is to be interpreted as meaning that there must always be a causal link between the reasons for persecution in Article 10(1) and the acts of persecution defined in Article 9(1), including in cases where an applicant for international protection seeks to rely on Article 9(2)(e) of that directive. – Where an applicant for asylum seeks to invoke Article 9(2)(e) of Directive 2011/95 as the act of persecution, reliance upon that provision does not automatically establish that the person concerned has a well-founded fear of persecution because he holds a political opinion within the meaning of Article 10(1)(e) thereof. It is for the competent national authorities, acting under the supervision of the courts, to establish whether there is a causal link for the purposes of that directive. In conducting that assessment the following factors may be relevant: whether the applicant’s home country is conducting a war; the nature and methods employed by the military authorities in such a war; the availability of country reports documenting matters such as whether recruitment for military service is by conscription; whether the status of conscientious objector is recognised under national law and, if so, the procedures for establishing such status; the treatment of those subject to conscription who refuse to perform military service; the existence or absence of alternatives to military service; and the applicant’s personal circumstances, including his age. 28 May 2020 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): EU Qualification Directive - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Germany - Syrian Arab Republic |
Bundesrepublik Deutschland gegen Adel Hamed (C‑540/17), Amar Omar (C‑541/17) (Vorlage zur Vorabentscheidung)
13 November 2019 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Decision on admissibility - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures | Countries: Germany - Syrian Arab Republic |
A.S. v Republika Slovenija
26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Border controls - Border crossers - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures - Rejection at border | Countries: Slovenia - Syrian Arab Republic |
X and X v. État belge
7 March 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Refugee / Asylum law - Visas | Countries: Belgium - Syrian Arab Republic |
Conclusions de l'avocat Général M. Paolo Mengozzi: X, X c. État belge
7 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Family reunification - Right to family life | Countries: Belgium - Syrian Arab Republic |