- 1 result found
- Establishing identity
- Refugee status determination
- Clear
Court name: Court of Justice of the European Union
State:
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR), European Union law
Key aspects: Deportation and removal, Determination/confirmation of nationality, Establishing identity, Establishing identity, Procedural safeguards, Refugee status determination, Respect for private and family life, Statelessness and asylum
The case concerned the interpretation of Article 19 of the Directive (2011/95/EU, Qualification Directive). Specifically, the applicant had been granted subsidiary protection by the Austrian authorities on the mistaken basis that he was an Algerian national. The applicant was not responsible for the mistake, having rather declared throughout the proceedings that he was stateless. The CJEU held that under the Qualification Directive a State is under the obligation to revoke subsidiary protection if information emerges to prove that an individual never satisfied the requirements under the Directive.