The case concerns the interpretation of Article 12(1)(a) of Directive 2011/95/EU (hereafter recast Qualification Directive).
The applicant requested international protection in Germany as he no longer had access to protection from the UNRWA in Syria.
The national Court referred 5 questions to the CJEU to determine whether the applicant satisfied the conditions under Article 12(1) according to which, in essence, if the protection or assistance from UNWRA has ceased for any reason, without the position of persons receiving that protection or assistance being definitely settled, those persons are ipso facto entitled to the benefits of Directive 2011/95.
The case concerns the interpretation of Article 12(1)(a) of EU Directive 2004/83. The question before the Court of Justice of the European Union (CJEU) was how to determine who should have access to guarantees provided by Article 12, and what those guarantees entailed. The CJEU held that individuals who had received protection from a non-High Commissioner for Refugees (‘HCR’) UN organisation, but ceased to receive this protection due to a reason beyond their control, should automatically be granted refugee status by a Member State unless they fall into one of the exceptions of Article 12.
The Court held that it is not contrary to EU law for Member States to withdraw citizenship obtained by deception, even if the effect is to also withdraw citizenship of the Union, so long as the decision observes the principle of proportionality.
The judgment concerns a reference for a preliminary ruling regarding the interpretation of Article 15(4) to (6) of Directive 2008/115/EC. The applicant in the main proceedings before the Sofia City Administrative Court in Bulgaria, Mr. Said Kadzoev, is a stateless person of Chechen origin. The reference for a preliminary ruling concerned the interaction between detention under asylum law and removal detention and the question whether the former counts within the 18-months maximum period of removal detention under Article 15 (6) of Directive 2008/115. The Court gave clear guidance as to the differentiation between the two types of administrative detention and the different purposes that they serve. The Court also interpreted the concept of a (lack of) reasonable prospect of removal within the meaning of Article 15 (4) of Directive 2008/115, which is of particular relevance in cases of detention of stateless persons.