# C_2023296EN.01000601.xml

| 21.8.2023 | EN | Official Journal of the European Union | C 296/6 |
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21.8.2023

EN

Official Journal of the European Union

C 296/6

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Judgment of the Court (First Chamber) of 6 July 2023 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Bundesamt für Fremdenwesen und Asyl v AA

(Case C-663/21, (1) Bundesamt für Fremdenwesen und Asyl (Refugee who has committed a serious crime)

(Reference for a preliminary ruling - Directive 2011/95/EU - Standards for granting refugee status or subsidiary protection status - Article 14(4)(b) - Revocation of refugee status - Third-country national convicted by a final judgment of a particularly serious crime - Danger to the community - Proportionality test - Directive 2008/115/EU - Return of illegally staying third-country nationals - Postponement of removal)

(2023/C 296/05)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Bundesamt für Fremdenwesen und Asyl

Defendant: AA

Operative part of the judgment

| 1. | 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,
  must be interpreted as meaning that the application of that provision is conditional on the competent authority establishing that the revocation of refugee status constitutes a proportionate measure having regard to the danger posed by the third-country national concerned to a fundamental interest of the society of the Member State in which that third-country national is present. To that end, that competent authority must balance that danger against the rights which must be guaranteed, in accordance with that directive, to persons fulfilling the substantive conditions of Article 2(d) of that directive, without, however, that competent authority also being required to verify that the public interest in the return of that third-country national to his or her country of origin outweighs that third-country national’s interest in the continuation of international protection, in the light of the extent and nature of the measures to which that third-country national would be exposed if he or she were to return to his or her country of origin.. |
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1.

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,

must be interpreted as meaning that the application of that provision is conditional on the competent authority establishing that the revocation of refugee status constitutes a proportionate measure having regard to the danger posed by the third-country national concerned to a fundamental interest of the society of the Member State in which that third-country national is present. To that end, that competent authority must balance that danger against the rights which must be guaranteed, in accordance with that directive, to persons fulfilling the substantive conditions of Article 2(d) of that directive, without, however, that competent authority also being required to verify that the public interest in the return of that third-country national to his or her country of origin outweighs that third-country national’s interest in the continuation of international protection, in the light of the extent and nature of the measures to which that third-country national would be exposed if he or she were to return to his or her country of origin..

| 2. | Article 5 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,
  must be interpreted as precluding the adoption of a return decision in respect of a third-country national where it is established that removal of that third-country national to the intended country of destination is, by reason of the principle of non-refoulement, precluded for an indefinite period. |
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2.

Article 5 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,

must be interpreted as precluding the adoption of a return decision in respect of a third-country national where it is established that removal of that third-country national to the intended country of destination is, by reason of the principle of non-refoulement, precluded for an indefinite period.

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(1)  OJ C 73, 14.2.2022.

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