CJEU: Request for a preliminary ruling from the Administrative Tribunal of Malmo (Sweden), C-404/17 A

Thursday, July 6, 2017

The main proceedings concern a Serbian national who applied for asylum in Sweden on 12 March 2017. In 2003, the applicant reported a militia group to the police resulting in legal proceedings against several members of the group and, for that reason, was the victim of violent threats. He was put in a witness protection system and lived in several places in Serbia (including in prison) until he decided to renounce the status of witness protection and to hide in his original place of residence. Since then, he received several threats by telephone and left the country fearing persecution by the militia. The Swedish Migration Agency rejected the applicant’s request for asylum and ordered his return, including a two-year entry ban. The asylum application was considered manifestly unfounded on grounds that Serbian authorities could, in principle, provide the applicant with effective protection. The applicant appealed against the decision, arguing that the protection he was previously granted was ineffective (due to threats by Serbian authorities and the widespread corruption in that country) and inhumane (because he was forced to live in isolation for years).
The Administrative Tribunal of Malmo has referred the following question to the CJEU for a preliminary ruling (Case C-404/17 A), regarding the reliability of country of origin information about state protection for ruling out an asylum application as manifestly unfounded:
1. Is an application in which the applicant’s information is deemed to be reliable and so is taken as the basis for the assessment, but insufficient to form the basis of a need for international protection on the ground that the country-of-origin information suggests that there is acceptable protection, to be regarded as clearly unfounded under Article 31(8) of the recast Asylum Procedure Directive?
This case has been prioritised by the CJEU.

Based on an unofficial translation by the ELENA Weekly Legal Update.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Country of origin information
Credibility assessment
Manifestly unfounded application