JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
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OF
PALESTINIAN
ORIGIN)
Article 14 of Directive 2011/95 states:
‘1. Concerning applications for international protection filed after the entry into force of [Directive
2004/83], Member States shall revoke, end or refuse to renew the refugee status of a third-country
national or a stateless person granted by a governmental, administrative, judicial or quasi-judicial body
if he or she has ceased to be a refugee in accordance with Article 11.
…
3. Member States shall revoke, end or refuse to renew the refugee status of a third-country national or
a stateless person if, after he or she has been granted refugee status, it is established by the Member
State concerned that:
(a) he or she should have been or is excluded from being a refugee in accordance with Article 12;
…’
Directive 2013/32/EU
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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)
provides:
‘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.’
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Article 2 of that directive is worded as follows:
‘For the purposes of this Directive the following definitions shall apply:
…
(c) “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;
…
(f) “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;
…’
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Article 46 of that directive provides:
‘1. Member States shall ensure that applicants have the right to an effective remedy before a court or
tribunal, against the following:
(a) a decision taken on their application for international protection, including a decision:
(i) considering an application to be unfounded in relation to refugee status and/or subsidiary
protection status;
ECLI:EU:C:2021:3
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