# C_2023261EN.01000501.xml

| 24.7.2023 | EN | Official Journal of the European Union | C 261/5 |
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24.7.2023

EN

Official Journal of the European Union

C 261/5

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Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 4 April 2023 — Bundesamt für Fremdenwesen und Asyl

(Case C-217/23, Laghman (1))

(2023/C 261/11)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

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

Interested party: A N

Questions referred

| 1. | Is the wording contained in Article 10(1)(d) of Directive 2011/95/EU (2) 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), ‘that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society’, to be interpreted as meaning that a group only has a distinct identity in the relevant country if it is perceived as being different by the surrounding society, or is it necessary to assess separately whether a ‘distinct identity’ exists, irrespective of whether the group is regarded as being different by the surrounding society?
  If, on the basis of the answer to question 1, the existence of a ‘distinct identity’ is to be assessed separately: |
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1.

Is the wording contained in Article 10(1)(d) of Directive 2011/95/EU (2) 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), ‘that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society’, to be interpreted as meaning that a group only has a distinct identity in the relevant country if it is perceived as being different by the surrounding society, or is it necessary to assess separately whether a ‘distinct identity’ exists, irrespective of whether the group is regarded as being different by the surrounding society?

If, on the basis of the answer to question 1, the existence of a ‘distinct identity’ is to be assessed separately:

| 2. | What criteria are to be used to assess whether there is a ‘distinct identity’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU?
  Irrespective of the answers to questions 1 and 2: |
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2.

What criteria are to be used to assess whether there is a ‘distinct identity’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU?

Irrespective of the answers to questions 1 and 2:

| 3. | In determining whether a group is perceived as being different ‘by the surrounding society’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU, must reference be made to the perspective of the actor of persecution or to that of society as a whole or of a substantial part of the society of a country or of part of the country? |
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3.

In determining whether a group is perceived as being different ‘by the surrounding society’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU, must reference be made to the perspective of the actor of persecution or to that of society as a whole or of a substantial part of the society of a country or of part of the country?

| 4. | What criteria are to be used to determine whether a group is perceived as being ‘different’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU? |
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4.

What criteria are to be used to determine whether a group is perceived as being ‘different’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU?

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(1)  The name of the present case is a fictitious name which does not correspond to the real name of any party to the proceedings.

(2)  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) (OJ 2011 L 337, p. 9).

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