Opinion of the Advocate General — ECLI:EU:C:2023:485
Date: 2023-06-15
Language of the case: German
Subject matter: Asylum policy;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Austria

Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 29 March 2022 – Bundesamt für Fremdenwesen und Asyl (Case C-222/22) 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.