CJEU: Request for a preliminary ruling, C-720/17 Bilali

Date: 
Thursday, December 28, 2017

On 28 December 2017, the Supreme Administrative Court of Austria requested the CJEU for a preliminary ruling regarding Member States’ possibility to revoke a subsidiary protection status based solely on a change of knowledge from the part of the deciding authority. The question referred read as follows:

Do the provisions of EU law, in particular Article 19(3) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 ( 1 ) (the Qualification Directive), preclude a national provision of a Member State concerning the possibility of revocation of subsidiary protection status pursuant to which subsidiary protection status may be revoked without a change in the factual circumstances themselves which are relevant for the purpose of granting that status, but rather only where the state of knowledge of the authority in this regard has undergone a change, and, in that context, without either a misrepresentation or an omission of facts on the part of the third-country national or stateless person having been a determinant factor in the granting of the subsidiary protection status?

 


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Keywords: 
Revocation of protection status