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CJEU Case C-604/12 / Opinion

H. N. v Minister for Justice, Equality and Law Reform and Others

Policy area:
Asylum and migration
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
07/11/2013
ECLI:
ECLI:EU:C:2013:714

Key facts of the case:

Reference for a preliminary ruling: Supreme Court - Ireland.
Directive 2004/83/EC - Minimum standards for granting refugee status or subsidiary protection status - Directive 2005/85/EC - Minimum standards on procedures in Member States for granting or withdrawing refugee status - National procedural rule under which an application for subsidiary protection may be considered only after an application for refugee status has been refused - Lawfulness - Procedural autonomy of the Member States - Principle of effectiveness - Right to good administration - Charter of Fundamental Rights of the European Union - Article 41 - Impartiality and expeditiousness of the procedure.

Outcome of the case:

In the light of the above considerations, I propose that the Court answer the question asked by the Supreme Court as follows:

Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, read in the light of, on the one hand, the rules and procedural safeguards laid down in Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status, and, on the other, the principle of good administration, must be interpreted as not precluding a national procedural rule that makes the consideration of an application for subsidiary protection subject to the prior refusal of an application for refugee status.