New reference to CJEU: case C-481/13, Mohammad Ferooz Qurbani

Wednesday, November 20, 2013

A reference for a preliminary ruling concerning Article 31 of the Geneva Convention was published by the CJEU on 15 November 2013. It was lodged on 9 September by the Oberlandesgericht Bamberg (Germany) and the questions read as follows:

Does the personal ground for the suspension of penalties in Article 31 of the Geneva Convention relating to the Status of Refugees (‘GC’) also include, beyond its wording, forgery of documents, which took place on presentation of a forged passport to a police officer on the occasion of entry by air into the Federal Republic of Germany, when the forged passport is not in fact necessary to apply for asylum in that State?

Does the use of human traffickers preclude reliance on Article 31 GC?

Is the factual requirement in Article 31 GC, of coming ‘directly’ from a territory where the life or freedom of the person concerned was threatened, to be interpreted as meaning that that element is also satisfied if the person concerned first entered another Member State (here: Greece) from where he continued to another Member State (here: the Federal Republic of Germany) in which he seeks asylum?

Read the full reference on the website of the CJEU.

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Trafficking in human beings