Alekszij Torubarov vs Immigration and Asylum Office (Bevándorlási és Menekültügyi Hivatal)
1. The request for a preliminary ruling concerns the interpretation of Article 46(3) 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), read in the light of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
2. The request has been made in proceedings between Mr Alekszij Torubarov and Bevándorlási és Menekültügyi Hivatal (Immigration and Asylum Office, Hungary) (‘the Immigration Office’) concerning the rejection by that office of his application for international protection.
The Court ruled:
Article 46(3) of Directive 2013/32/EU read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, in circumstances, such as those at issue in the main proceedings, where a first-instance court or tribunal has found — after making a full and ex nunc examination of all the relevant elements of fact and law submitted by an applicant for international protection — that, under the criteria laid down by Directive 2011/95/EU, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, that applicant must be granted such protection on the ground that he or she relied on in support of his or her application, but after which the administrative or quasi-judicial body adopts a contrary decision without establishing that new elements have arisen that justify a new assessment of the international protection needs of the applicant, that court or tribunal must vary that decision which does not comply with its previous judgment and substitute its own decision for it as to the application for international protection, disapplying as necessary the national law that would prohibit it from proceeding in that way.
Following this CJEU ruling, the Hungarian Administrative and Labour Court ruled the amended of the Immigration and Asylum Office decision and granted refugee status to Alekszij Torubarov. The Court decision was issued on the 26th September of 2019 and it is not published yet.
Effective remedy; First Instance determination; Renewal/Withdrawal/Revocation of Protection;
European Union,EU: Court of Justice of the European Union [CJEU], Alekszij Torubarov vs Immigration and Asylum Office (Bevándorlási és Menekültügyi Hivatal), 29/07/2019, ECLI:EU:C:2019:626 CJEU ruled that judicial courts have the power to overturn administrative decision in the granting of international protection