Judgment_paragraph 40 · Bundesamt für Fremdenwesen und Asyl v JF (C-222/22)

40However, in all cases where the risk of persecution relied on in support of a subsequent application is based on the circumstances described in Article 5(3) of Directive 2011/95, but in respect of which, following an individual assessment of that application in accordance with Article 4(3) of that directive, it is found that those circumstances reveal an abusive intent and abuse of the applicable procedure by the applicant, Article 5(3) allows the Member State concerned to provide, in principle, for that applicant not to be granted refugee status within the meaning of Article 2(e) of Directive 2011/95, even when that applicant has justified fears of being persecuted in his or her country of origin as a result of such circumstances and should, therefore, qualify as a ‘refugee’ within the meaning of Article 1(A) the Geneva Convention and Article 2(d) of Directive 2011/95. Being a ‘refugee’ for the purposes of those provisions is not dependent on formal recognition thereof through the granting of ‘refugee status’ as defined in Article 2(e) of that directive (judgment of 14 May 2019, M and Others (Revocation of refugee status), C‑391/16, C‑77/17 and C‑78/17, EU:C:2019:403, paragraph 90).

Bundesamt für Fremdenwesen und Asyl v JF (C-222/22)

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