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https://curia.europa.eu/juris/document/document_print.jsf?docid=131...
21
The grounds for excluding a third country national or a stateless person from being a refugee set out
in Article 12(1)(b), (2) and (3) of Directive 2004/83 correspond to the grounds in Article 1,
paragraphs E and F respectively, of the Geneva Convention.
22
Article 13 of Directive 2004/83, in Chapter IV (‘Refugee status’), is entitled ‘Granting of refugee
status’ and is worded as follows:
‘Member States shall grant refugee status to a third-country national or a stateless person who
qualifies as a refugee in accordance with Chapters II and III.’
23
Article 14 of Directive 2004/83, which is also in Chapter IV, is entitled ‘Revocation of, ending of or
refusal to renew refugee status’ and provides in paragraph 1 thereof that the Member States are to
revoke the refugee status granted by a national body if the refugee has ceased to be a refugee in
accordance with Article 11.
24
Chapter VII of Directive 2004/83, entitled ‘Content of International Protection’, includes
Article 21(1), which provides as follows:
‘Member States shall respect the principle of non-refoulement in accordance with their international
obligations.’
Directive 2005/85/EC
25
Article 2(c) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on
procedures in Member States for granting and withdrawing refugee status (OJ 1985 L 326, p. 13)
provides as follows:
‘“applicant” or “applicant for asylum” means a third country national or stateless person who has
made an application for asylum in respect of which a final decision has not yet been taken’.
Hungarian law
26
Article 8(1) of Law No LXXX of 2007 on the right of asylum (Magyar Közlöny 2007/83) provides
as follows:
‘No foreign national to whom one of the grounds for exclusion set out in Article 1, paragraph D, E
or F of the Geneva Convention applies may be granted refugee status.’
The dispute in the main proceedings
The case of Mr Abed El Karem El Kott
27
It is apparent from the order for reference that Mr Abed El Karem El Kott lived in difficult material
circumstances at the Ein El‑Hilweh UNRWA refugee camp in Lebanon. In those circumstances and
after his house had been burned down and he had been threatened, he left the camp and fled
Lebanon, where he was certain that he would have been found.
28
In Hungary, the BAH did not recognise him as a refugee but, on the basis of Article 21(1) of
Directive 2004/83, ordered that he should not be returned (non-refoulement).
29
Mr Abed El Karem El Kott appealed against that decision before the referring court, challenging
the refusal to recognise him as a refugee.
The case of Mr A Radi
30
As regards Mr A Radi, it is apparent from the order for reference that his home, in the Nahr el
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