Case C-222/22,  Bundesamt für Fremdenwesen und Asyl (Subsequent religious conversion): Judgment of the Court (Third Chamber) of 29 February 2024 (request for a preliminary ruling from the Verwaltungsgerichtshof - Austria) – Bundesamt für Fremdenwesen und Asyl v JF (Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Directive 2011/95/EU – Standards for the qualification as beneficiaries of international protection – Content of that protection – Article 5 – International protection needs arising sur place – Subsequent application for recognition of refugee status – Article 5(3) – Concept of ‘circumstances which the applicant has created by his or her own decision since leaving the country of origin’ – Abusive intent and abuse of the applicable procedure – Activities in the host Member State not constituting the expression and continuation of convictions or orientations held in the country of origin – Religious conversion)
Date: 2024-02-29
Institutions: Court of Justice
Subjects: area of freedom, security and justice, asylum seeker, foreign national, freedom of religious beliefs, international protection, refugee, right of asylum








C_202402389EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2389


8.4.2024





Judgment of the Court (Third Chamber) of 29 February 2024 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Bundesamt für Fremdenwesen und Asyl v JF
(Case C-222/22, (1) Bundesamt für Fremdenwesen und Asyl (Subsequent religious conversion))
(Reference for a preliminary ruling - Area of freedom, security and justice - Asylum policy - Directive 2011/95/EU - Standards for the qualification as beneficiaries of international protection - Content of that protection - Article 5 - International protection needs arising sur place - Subsequent application for recognition of refugee status - Article 5(3) - Concept of ‘circumstances which the applicant has created by his or her own decision since leaving the country of origin’ - Abusive intent and abuse of the applicable procedure - Activities in the host Member State not constituting the expression and continuation of convictions or orientations held in the country of origin - Religious conversion)
(C/2024/2389)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: Bundesamt für Fremdenwesen und Asyl

Defendant: JF

Operative part of the judgment

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
must be interpreted as precluding national legislation which makes the recognition of the status of refugee following a subsequent application within the meaning of Article 2(q) 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, based on a risk of persecution arising from circumstances which the applicant has created by his or her own decision since leaving his or her country of origin, subject to the condition that those circumstances must constitute the expression and continuation of convictions held by the applicant in that country.


(1)  
            OJ C 244, 27.6.2022.


ELI: http://data.europa.eu/eli/C/2024/2389/oj
ISSN 1977-091X (electronic edition)