3/4/22, 10:54 AM CURIA - Documents the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm; …’ Article 12 of that directive, entitled ‘Exclusion’, provides at paragraph (1)(a) thereof: ‘A third country national or a stateless person is excluded from being a refugee, if: he or she falls within the scope of [Article 1(D)] of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Directive.’ Directive 2011/95/EU Recitals 1 and 50 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9) state: A number of substantive changes are to be made to [Directive 2004/83]. In the interests of clarity, that Directive should be recast. … In accordance with Articles 1, 2 and Article 4a(1) of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, the United Kingdom and Ireland are not taking part in the adoption of this Directive and are not bound by it or subject to its application.’ Article 12 of that directive, entitled ‘Exclusion’, provides at paragraph (1)(a) thereof: ‘A third-country national or a stateless person is excluded from being a refugee if: he or she falls within the scope of Article 1(D) of the Geneva Convention, relating to protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees. When such protection or assistance has ceased for any reason, without the position of such persons being definitely settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, those persons shall ipso facto be entitled to the benefits of this Directive.’ Article 40 of Directive 2011/95, entitled, ‘Repeal’, provides: ‘Directive [2004/83] is repealed for the Member States bound by this Directive with effect from 21 December 2013, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive set out in Annex I, Part B. For the Member States bound by this Directive, references to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.’ Directive 2013/32/EU Recital 18 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), is worded as follows: ‘It is in the interests of both Member States and applicants for international protection that a decision is made as soon as possible on applications for international protection, without prejudice to an adequate and complete examination being carried out.’ Article 2 of that directive states: ‘For the purposes of this Directive: … “applicant” means a third-country national or stateless person who has made an application for international protection in respect of which a final decision has not yet been taken; “determining authority” means any quasi-judicial or administrative body in a Member State responsible for examining applications for international protection competent to take decisions at first instance in such cases; Article 46 of Directive 2013/32 provides: ‘1. Member States shall ensure that applicants have the right to an effective remedy before a court or tribunal, against the following: a decision taken on their application for international protection, including a decision: considering an application to be unfounded in relation to refugee status and/or subsidiary protection status; … 3. In order to comply with paragraph 1, Member States shall ensure that an effective remedy provides for a full and ex nunc examination of both facts and points of law, including, where applicable, an examination of the international protection needs pursuant to [Directive 2011/95], at least in appeals procedures before a court or tribunal of first instance. …’ United Kingdom law https://curia.europa.eu/juris/document/document.jsf?text=&docid=254962&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1850357 3/10