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13/04/2023
ES: The Supreme Court ruled that temporary protection cannot be granted to beneficiaries of another form of international protection.

ECLI
ECLI:ES:TS:2023:1595
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection / Council Implementation Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine; Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE; Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
Spain, Supreme Court [Tribunal Supremo], Don Landelino v National High Court (Audiencia National) [Decision of 11.05.2022], STS 1595/2023, ECLI:ES:TS:2023:1595, 13 April 2023. 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=3402
Case history
Other information
Abstract

The Supreme Court confirmed that temporary protection shall only be granted to eligible individuals who do not already benefit from a different from of international protection, in this case subsidiary protection.


An Ukrainian national appealed against a judgment confirming the authorities’ decision not to grant him asylum but subsidiary protection. He notably argued that he shall also benefit from temporary protection because he qualifies and fulfils the requirements. The Supreme Court rejected his claim, stating that the statuses of beneficiary of subsidiary protection and of temporary protection could not be cumulated and that the applicant shall benefit solely of subsidiary protection.
Country of Decision
Spain
Court Name
ES: Supreme Court [Tribunal Supremo]
Case Number
STS 1595/2023
Date of Decision
13/04/2023
Country of Origin
Ukraine
Keywords
Asylum Procedures/Special Procedures
Subsidiary Protection
Temporary protection