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European Observer on fundamental right's respect

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Case Law C-663/21 (05/07/2023)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/05/2023

Subject: According to the Court, the revocation of refugee status must constitute a proportionate measure having regard to the danger posed by the third-country national concerned to a fundamental interest of the society of the Member State in which that third-country national is present. To that end, that competent authority must balance that danger against the rights which must be guaranteed, in accordance with Directive 2011/95/EU, without, however, that competent authority also being required to verify that the public interest in the return of that third-country national to his or her country of origin outweighs that third-country national’s interest in the continuation of international protection, in the light of the extent and nature of the measures to which that third-country national would be exposed if he or she were to return to his or her country of origin. Moreover, the Court affirmed that Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals precludes the adoption of a return decision in respect of a third-country national where it is established that removal of that third-country national to the intended country of destination is, by reason of the principle of non-refoulement, precluded for an indefinite period

Parties: Bundesamt für Fremdenwesen und Asyl (Réfugié ayant commis un crime grave)

Classification: Freedoms - Art. 18 Refugees - Art. 19 Removal

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