CJEU: C-585/16 Alheto - Request for a preliminary ruling from the Administrative Court of Sofia (Bulgaria), lodged on 18 November 2016

Friday, November 18, 2016

On 18 November 2016, the Administrative Court of Sofia referred preliminary questions to the Court of Justice on the interpretation of Art 12(1)a) of the Qualification Directive (Directive 2011/95/EU) and the Procedures Directive (Directive 2013/32/EU) in a case concerning a stateless woman from Palestine whose application for asylum in Bulgaria was denied.
In sum, the Sofia Administrative Court asks whether it follows from Article 12(1)a) of the Qualification Directive that it is permitted to examine an application for international protection under Article 1A Refugee Convention (as was done in this case) instead of Article 1D second sentence, where the application is made by a stateless person of Palestinian origin who is registered as a refugee with the UNRWA and who was resident in that agency’s area of operations before making that application. Moreover it is requested whether the assistance granted by the UNRWA constitutes otherwise sufficient protection, within the meaning of Article 35(b) of the Procedures Directive.


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Exclusion from protection