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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 25/07/2018
Type : Judgment
ECLI : ECLI:EU:C:2018:588
Case Number/Citation/ Document Symbol : C‑404/17

A. (Serbia) v Migrationsverket (Migration Board, Sweden)

Serbia

The CJEU ruled that Sweden did not adequately implement the recast Asylum Procedures Directive, specifically the concept of safe country of origin.

This request for a preliminary ruling concerns the interpretation of Article 31(8) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60). The request has been made in proceedings between A and the Migrationsverket (Immigration Board, Sweden) (‘the Board’) concerning the Board’s decision to reject A’s application for the grant of refugee status and leave to remain and ordering his return to his country of origin and prohibiting him from returning to Sweden for two years. The Court (First Chamber) ruled that: Article 31(8)(b) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 32(2) of that directive, must be interpreted as not allowing an application for international protection to be regarded as manifestly unfounded in a situation, in which, first, it is apparent from the information on the applicant’s country of origin that acceptable protection can be ensured for him in that country and, secondly, the applicant has provided insufficient information to justify the grant of international protection, where the Member State in which the application was lodged has not adopted rules implementing the concept of safe country of origin.

Assessment of Application; EASO Country Guidance Materials; Effective remedy; First Instance determination; Safe Country concept/Safe Country of Origin/ Safe third country;

Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO IDS

European Union, Court of Justice of the European Union [CJEU], A. (Serbia) v Migrationsverket (Migration Board, Sweden), C‑404/17, ECLI:EU:C:2018:588, 25 July 2018. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=154