Case C-454/23, K.A.M.: Request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias (Cyprus) lodged on 18 July 2023 — K.A.M. v Republic of Cyprus
Date: 2023-07-18
Institutions: Court of Justice
Subjects: foreign national, international protection, public safety, refugee, right of asylum, stateless person, threat to national security








C_202300205EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/205


23.10.2023





Request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias (Cyprus) lodged on 18 July 2023 — K.A.M. v Republic of Cyprus
(Case C-454/23, K.A.M.)
(C/2023/205)
Language of the case: Greek

Referring court

Dioikitiko Dikastirio Diethnous Prostasias

Parties to the main proceedings


Applicant: K.A.M.

Defendant: Republic of Cyprus

Questions referred







1.


Can Article 14(4)(a) 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) which provides for refugee status to be revoked where there are reasonable grounds for regarding the person as a danger to the security of the State of refuge, be interpreted, in the light of the provisions of Article 78(1) TFEU, the Geneva Convention Relating to the Status of Refugees and Article 18 of the Charter of Fundamental Rights of the European Union on the right to asylum, as meaning that it allows refugee status to be revoked based on the past conduct or alleged acts of the refugee outside and prior to entering the State of refuge which are not included in the conduct which constitutes grounds for exclusion from being a refugee, having regard to the provisions of Article 1(F) of the Geneva Convention Relating to the Status of Refugees and Article 12 of Directive 2011/95/EU on exclusion, which explicitly set out the grounds on which a person may be excluded from being a refugee?










2.


If the answer [to the first question] is in the affirmative, is Article 14(4)(a), thus interpreted, compatible with Article 18 of the Charter and Article 78(1) TFEU, which provide, inter alia, that secondary [EU] legislation must comply with the Geneva Convention, the exclusion clause laid down in Article 1(F) of the Convention being exhaustively worded and requiring strict interpretation?










3.


How is the concept ‘danger to the security of the Member State’ to be interpreted for the purposes of Article 14(4)(a) of Directive 2011/95/EU, having regard to the extremely high standard established for that concept in Article 33(2) of the Geneva Convention and the serious consequences for a refugee whose status is revoked, and more specifically, can that article include an assessment of the danger in the light of alleged conduct or acts prior to entering the State of refuge? Does the concept ‘danger to the security of the Member State’ refer for the purposes of Article 14(4)(a) of Directive 2011/95/EU to the conduct or acts of the refugee outside that State?






(1)  
            OJ 2011 L 337, p. 9.


ELI: http://data.europa.eu/eli/C/2023/205/oj
ISSN 1977-091X (electronic edition)