Case Law

1. Article 23(1) 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, read in conjunction with Article 45(4) of that directive and in the light of the general principle of EU law relating to the right to sound administration and of Article 47 of the Charter, must be interpreted as: precluding national legislation which provides that, where a decision rejecting an application for international protection or withdrawing such protection is based on information the disclosure of which would jeopardise the national security of the Member State in question, the person concerned or his or her legal adviser can access that information only after obtaining authorisation to that end, are not provided even with the substance of the grounds on which such decisions are based and cannot, in any event, use, for the purposes of administrative procedures or judicial proceedings, the information to which they may have had access. 2. Article 4(1) and (2), Article 10(2) and (3), Article 11(2) and Article 45(3) of Directive 2013/32, read in conjunction with Article 14(4)(a) and Article 17(1)(d) of Directive 2011/95/EU 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: precluding national legislation under which the determining authority is systematically required, where bodies entrusted with specialist functions linked to national security have found, by way of a non-reasoned opinion, that a person constituted a danger to that security, to refuse to grant that person subsidiary protection, or to withdraw international protection previously granted to that person, on the basis of that opinion. 3. Article 17(1)(b) of Directive 2011/95 must be interpreted as: not precluding an applicant from being excluded from being eligible for subsidiary protection, pursuant to that provision, on the basis of a criminal conviction of which the competent authorities were already aware when they granted to that applicant, at the end of a previous procedure, refugee status which was subsequently withdrawn.

22 September 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Asylum-seekers - Exclusion clauses - International protection - National security / Public order - Statelessness | Countries: Hungary

31 May 2017 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Asylum-seekers - Refugee / Asylum law - Refugees - Safe third country | Countries: Congo, Democratic Republic of the - Hungary - Switzerland

5 August 2016 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): 1951 Refugee Convention - Acts of persecution - Asylum-seekers - Refoulement - Safe third country | Countries: Hungary - Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

3 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Arbitrary arrest and detention - Asylum-seekers - Deportation / Forcible return - Expulsion - Non-refoulement - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Safe third country | Countries: Afghanistan - Austria - Hungary - Serbia

This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

20 September 2011 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Immigration Detention - Right to liberty and security | Countries: Côte d'Ivoire - Hungary