Case C-483/20: Judgment of the Court (Grand Chamber) of 22 February 2022 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXXX v Commissaire général aux réfugiés et aux apatrides (Reference for a preliminary ruling — Common policy on asylum — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Inadmissibility of an application for international protection lodged in a Member State by a third-country national who has obtained refugee status in another Member State, where the minor child of that third-country national, who is a beneficiary of subsidiary protection status, resides in the first Member State — Charter of Fundamental Rights of the European Union — Article 7 — Right to respect for family life — Article 24 — Best interests of the child — No infringement of Articles 7 and 24 of the Charter of Fundamental Rights due to the inadmissibility of the application for international protection — Directive 2011/95/EU — Article 23(2) — Obligation on the Member States to ensure the family unity of beneficiaries of international protection is maintained)
Date: 2022-02-22
Institutions: Court of Justice
Subjects: aid to refugees, asylum seeker, child of migrant, children's rights, foreign national, protection of privacy, refugee, right of asylum








C_2022165EN.01001401.xml










19.4.2022   


EN


Official Journal of the European Union


C 165/14






Judgment of the Court (Grand Chamber) of 22 February 2022 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXXX v Commissaire général aux réfugiés et aux apatrides
(Case C-483/20) (1)

(Reference for a preliminary ruling - Common policy on asylum - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 33(2)(a) - Inadmissibility of an application for international protection lodged in a Member State by a third-country national who has obtained refugee status in another Member State, where the minor child of that third-country national, who is a beneficiary of subsidiary protection status, resides in the first Member State - Charter of Fundamental Rights of the European Union - Article 7 - Right to respect for family life - Article 24 - Best interests of the child - No infringement of Articles 7 and 24 of the Charter of Fundamental Rights due to the inadmissibility of the application for international protection - Directive 2011/95/EU - Article 23(2) - Obligation on the Member States to ensure the family unity of beneficiaries of international protection is maintained)
(2022/C 165/16)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Appellant: XXXX

Respondent: Commissaire général aux réfugiés et aux apatrides

Operative part of the judgment

Article 33(2)(a) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in the light of Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a Member State from exercising the option available to it under that provision to refuse to grant an application for international protection on the ground that it is inadmissible because the applicant has already been granted refugee status by another Member State, where that applicant is the father of a child who is an unaccompanied minor who has been granted subsidiary protection in the first Member State, without prejudice, nevertheless, to the application of Article 23(2) 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.


(1)  OJ C 9, 11.1.2021.