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CJEU Case C-585/16 / Opinion

Serin Alheto v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
17/05/2018

Key facts of the case:

Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection — Directive 2011/95/EU — Article 12 — Exclusion from refugee status — Persons registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — Existence of a ‘first country of asylum’, for a refugee from Palestine, in the UNRWA area of operations — Common procedures for granting international protection — Directive 2013/32/EU — Article 46 — Right to an effective remedy — Full and ex nunc examination — Scope of the powers of the court of first instance — Examination by the courts of international protection needs — Examination of grounds of inadmissibility.

Outcome of the case:

In the light of all the foregoing considerations, I propose that the Court should declare inadmissible the third, fourth, fifth and sixth questions referred by the Administrativen sad Sofia-grad (Administrative Court, Sofia, Bulgaria) for a preliminary ruling and answer the first and second questions as follows:

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 an application for international protection made by a stateless person of Palestinian origin registered with UNRWA, whose habitual residence before entering the European Union was located within the area of operations of that agency, must be examined on the basis of the provisions of Article 12(1)(a) of that directive.

The second sentence of Article 12(1)(a) of Directive 2011/95 contains a provision which is sufficiently precise and unconditional to be relied upon by individuals in proceedings before a national court. The fact that a provision of European Union law that has direct effect has not been relied upon in legal proceedings by the person concerned does not preclude a national court from applying it directly, where it considers it necessary to do so.