32However, Article 33(2)(a) of Directive 2013/32 does not preclude a Member State from exercising the option, available under that provision, to refuse an application for the grant of refugee status as being inadmissible on the ground that the applicant has already been granted international protection by another Member State, where the living conditions that that applicant could be expected to encounter as the beneficiary of international protection in that other Member State would not expose him or her to a substantial risk of suffering inhuman or degrading treatment, within the meaning of Article 4 of the Charter. The fact that the beneficiaries of such protection do not receive, in that Member State, any subsistence allowance, or that such allowance as they receive is markedly inferior to that in other Member States, though they are not treated differently from nationals of that Member State, does not allow it to be inferred that Article 4 of the Charter has been infringed, unless, because of the applicant’s particular vulnerability, irrespective of his or her wishes and personal choices, he or she would be in a situation of extreme material poverty that does not allow him or her to meet his or her most basic needs, such as, inter alia, food, personal hygiene and a place to live, and that undermines his or her physical or mental health or puts him or her in a state of degradation incompatible with human dignity (see, to that effect, judgment of 19 March 2019, Ibrahim and Others, C‑297/17, C‑318/17, C‑319/17 and C‑438/17, EU:C:2019:219, paragraphs 89, 90 and 101).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.