JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
3. Article 46(3) of Directive 2013/32, read in conjunction with Article 47 of the Charter of
Fundamental Rights of the European Union, must be interpreted as meaning that a court or
tribunal of a Member State seised at first instance of an appeal against a decision relating to
an application for international protection must examine both facts and points of law, such as
the applicability of Article 12(1)(a) of Directive 2011/95 to the applicant’s circumstances,
which the body that took that decision took into account or could have taken into account,
and those which arose after the adoption of that decision.
4. Article 46(3) of Directive 2013/32, read in conjunction with Article 47 of the Charter of
Fundamental Rights, must be interpreted as meaning that the requirement for a full and ex
nunc examination of the facts and points of law may also concern the grounds of
inadmissibility of the application for international protection referred to in Article 33(2) of
that directive, where permitted under national law, and that, in the event that the court or
tribunal hearing the appeal plans to examine a ground of inadmissibility which has not been
examined by the determining authority, it must conduct a hearing of the applicant in order to
allow that individual to express his or her point of view in person concerning the applicability
of that ground to his or her particular circumstances.
5. Point (b) of the first paragraph of Article 35 of Directive 2013/32 must be interpreted as
meaning that a person registered with the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) must, if he or she is a beneficiary of effective
protection or assistance from that agency in a third country that is not the territory in which
he or she habitually resides but which forms part of the area of operations of that agency, be
considered as enjoying sufficient protection in that third country, within the meaning of that
provision, when it:
– agrees to readmit the person concerned after he or she has left its territory in order to
apply for international protection in the European Union; and
– recognises that protection or assistance from UNRWA and supports the principle of
non-refoulement, thus enabling the person concerned to stay in its territory in safety
under dignified living conditions for as long as necessary in view of the risks in the
territory of habitual residence.
6. Article 46(3) of Directive 2013/32, read in conjunction with Article 47 of the Charter of
Fundamental Rights, must be interpreted as meaning that it does not establish common
procedural standards in respect of the power to adopt a new decision concerning an
application for international protection following the annulment, by the court hearing the
appeal, of the initial decision taken on that application. However, the need to ensure that
Article 46(3) of that directive has a practical effect and to ensure an effective remedy in
accordance with Article 47 of the Charter of Fundamental Rights requires that, in the event
that the file is referred back to the quasi-judicial or administrative body referred to in
Article 2(f) of that directive, a new decision must be adopted within a short period of time
and must comply with the assessment contained in the judgment annulling the initial
decision.
[Signatures]
ECLI:EU:C:2018:584
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