Communication: new case No. 0222 of 2022

IDENTIFIER
62022CN0222
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REQUEST DATE
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



27.6.2022   

EN

Official Journal of the European Union

C 244/19


Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 29 March 2022 — Bundesamt für Fremdenwesen und Asyl

(Case C-222/22)

(2022/C 244/23)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Appellant in the appeal on a point of law: Bundesamt für Fremdenwesen und Asyl

Interested party: JF

Question referred

Must Article 5(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 (recast), (1) be interpreted as precluding legislation of a Member State under which a foreign national who files a subsequent application is not normally to be granted asylum status if the risk of persecution is based on circumstances which the foreign national has created by his or her own decision since leaving his or her country of origin, unless the activities in question are permitted in Austria and it is established that those activities constitute the expression and continuation of convictions held in the country of origin?


(1)  OJ 2011 L 337, p. 9.



Citations

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