Skip Ribbon Commands
Skip to main content
20/10/2021
AT: The Supreme Administrative Court referred questions on revocation of protection and return of third country nationals

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Austria, Supreme Administrative Court [Verwaltungsgerichtshof - VwGH], AA v Austrian Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl- BFA), 20 October 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2207
Case history
Other information
Abstract

Registered before the CJEU with C-663/21


Questions referred for a preliminary ruling 1. In the assessment as to whether the asylum status previously granted to a refugee by the competent authority can be revoked on the ground set out in Article 14(4)(b) 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), must the competent authority carry out a weighing up of interests in such a way that revocation requires that the public interests in forced return must outweigh the refugee’s interests in the continuation of the protection afforded by the State of refuge, whereby the reprehensibility of a crime and the potential danger to society must be weighed against the foreign national’s interests in protection – including with regard to the extent and nature of the measures with which he or she is threatened?


2. Do the provisions of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, in particular Articles 5, 6, 8 and 9 thereof, preclude a situation under national law in which a return decision is to be adopted in respect of a third-country national whose previous right of residence as a refugee is withdrawn due to the revocation of asylum status, even if it is already declared at the time of adoption of the return decision that his or her removal is not permissible for an indefinite period of time on account of the principle of non-refoulement, and this is also declared capable of having legal force?


Country of Decision
Austria
Court Name
AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]
Case Number
Date of Decision
20/10/2021
Country of Origin
Stateless
Keywords
Exclusion
Non-refoulement
Withdrawal/End/Revocation/Renewal of Protection
Return/Removal/Deportation
Source
CURIA