Case C-790/23, Qassioun: Judgment of the Court (Fifth Chamber) of 30 October 2025 (request for a preliminary ruling from the Korkein hallinto-oikeus – Finland) – X v Maahanmuuttovirasto (Reference for a preliminary ruling – Asylum policy – Protocol (No 22) on the position of Denmark annexed to the EU Treaty and to the FEU Treaty – Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the Member State responsible for examining an application for international protection made by a third-country national – Regulation (EU) No 604/2013 – Article 18(1)(d) – Obligations of the Member State responsible – Obligation to take back a third-country national whose application was rejected and who made an application in another Member State – Concept of application (for international protection) – Special status of the Kingdom of Denmark – Concept of rejection – Decision not to extend or renew a temporary residence document – Not included)
Date: 2025-10-30
Institutions: Court of Justice
Subjects: Denmark, asylum seeker, foreign national, international protection, residence permit, right of asylum








C_202506589EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6589


22.12.2025






Judgment of the Court (Fifth Chamber) of 30 October 2025 (request for a preliminary ruling from the Korkein hallinto-oikeus – Finland) – X v Maahanmuuttovirasto


(Case C-790/23,
                (1)
Qassioun
                (2)
)

(Reference for a preliminary ruling - Asylum policy - Protocol (No 22) on the position of Denmark annexed to the EU Treaty and to the FEU Treaty - Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the Member State responsible for examining an application for international protection made by a third-country national - Regulation (EU) No 604/2013 - Article 18(1)(d) - Obligations of the Member State responsible - Obligation to take back a third-country national whose application was rejected and who made an application in another Member State - Concept of ‘application (for international protection)’ - Special status of the Kingdom of Denmark - Concept of ‘rejection’ - Decision not to extend or renew a temporary residence document - Not included)
(C/2025/6589)
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: X

Defendant: Maahanmuuttovirasto

Operative part of the judgment

Article 18(1)(d) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person
must be interpreted as meaning that the non-extension or non-renewal of a residence document previously issued to a third-country national may not be treated in the same way as a rejection of the application for international protection made by that national, within the meaning of that provision.


(1)  OJ C, C/2024/1843.

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


ELI: http://data.europa.eu/eli/C/2025/6589/oj
ISSN 1977-091X (electronic edition)