X v International Protection Appeals Tribunal and Others.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2023:523
• Date: 29 June 2023
• Docket Number: C-756/21
• Celex Number: 62021CJ0756
• Court: Court of Justice (European Union)

JUDGMENT OF THE COURT (First Chamber)

29 June 2023 (*)

(Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Second sentence of Article 4(1) – Cooperation of the Member State with the applicant to assess the relevant elements of the application – Scope – General credibility of the applicant – Article 4(5)(e) – Evaluation criteria – Common procedures for the grant of international protection – Directive 2005/85/EC – Appropriate examination – Article 8(2) and (3) – Judicial review – Article 39 – Scope – Procedural autonomy of the Member States – Principle of effectiveness – Reasonable time to take a decision – Article 23(2) and Article 39(4) – Consequences of any breach)

In Case C‑756/21,

REQUEST for a preliminary ruling under Article 267 TFEU from the High Court (Ireland), made by decision of 23 November 2021, received at the Court on 9 December 2021, in the proceedings

X

v

International Protection Appeals Tribunal,

The Minister for Justice and Equality,

Ireland,

The Attorney General,

THE COURT (First Chamber),

composed of A. Arabadjiev (Rapporteur), President of the Chamber, P.G. Xuereb, T. von Danwitz, A. Kumin and I. Ziemele, Judges,

Advocate General: M. Szpunar,

Registrar: C. Strömholm, Administrator,

having regard to the written procedure and further to the hearing on 16 November 2022,

after considering the observations submitted on behalf of:

– X, by B. Burns, Solicitor, H. Hofmann, Rechtsanwalt, and P. O’Shea, Barrister-at-Law,

– the International Protection Appeals Tribunal, Minister for Justice and Equality, Ireland, and the Attorney General, by M. Browne, C. Aherne and A. Joyce, acting as Agents, and by C. Donnelly, Senior Counsel, and E. Doyle and A. McMahon, Barristers-at-Law,

– the German Government, by J. Möller and A. Hoesch, acting as Agents,

– the Netherlands Government, by M.K. Bulterman and J.M. Hoogveld, acting as Agents,

– the European Commission, by A. Azéma and L. Grønfeldt, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 16 February 2023,

gives the following

Judgment

1 This request for a preliminary ruling concerns the interpretation of Article 4(1) and (5)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12), and Article 8(2) and (3), Article 23(2) and Article 39(4) 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 2005 L 326, p. 13).

2 The request has been made in proceedings between X and, first, the International Protection Appeals Tribunal (Ireland) (‘the IPAT’), secondly, the Minister for Justice and Equality (Ireland), thirdly, Ireland and, fourthly, the Attorney General (Ireland) (‘the IPAT and Others’), concerning the IPAT’s dismissal of his appeals against the decisions rejecting his applications for asylum and for subsidiary protection.

Legal context

European Union law

Directive 2004/83

3 Directive 2004/83 was repealed and replaced by 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 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). However, since Ireland did not take part in the adoption of the latter directive and is not bound by it, Directive 2004/83 continues to apply to that Member State.

4 Article 2(a), (d), (e), (f), (g) and (k) of Directive 2004/83 contains the following definitions:

‘For the purposes of this Directive:

(a) “international protection” means the refugee and subsidiary protection status as defined in (d) and (f);

…

(d) “refugee status” means the recognition by a Member State of a third country national or a stateless person as a refugee;

(e) “person eligible for subsidiary protection” means a third country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) do not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;

(f) “subsidiary protection status” means the recognition by a Member State of a third country national or a stateless person as a person eligible for subsidiary protection;

(g) “application for international protection” means a request made by a third country national or a stateless person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status, and who does not explicitly request another kind of protection, outside the scope of this Directive, that can be applied for separately;

…

(k) “country of origin” means the country or countries of nationality or, for stateless persons, of former habitual residence.’

5 Pursuant to Article 4 of that directive:

‘1. Member States may consider it the duty of the applicant to submit as soon as possible all elements needed to substantiate the application for international protection. In cooperation with the applicant it is the duty of the Member State to assess the relevant elements of the application.

2. The elements referred to in paragraph 1 consist of the applicant’s statements and all documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes, identity and travel documents and the reasons for applying for international protection.

3. The assessment of an application for international protection is to be carried out on an individual basis and includes taking into account:

(a) all relevant facts as they relate to the country of origin at the time of taking a decision on the application; including laws and regulations of the country of origin and the manner in which they are applied;

(b) the relevant statements and documentation presented by the Applicant including information on whether the Applicant has been or may be subject to persecution or serious harm;

(c) 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;

…

4. The fact that an Applicant has already been subject to persecution or serious harm or to direct threats of such persecution or such harm, is a serious indication of the Applicant’s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.

5. Where Member States apply the principle according to which it is the duty of the applicant to substantiate the application for international protection and where aspects of the applicant’s statements are not supported by documentary or other evidence, those aspects shall not need confirmation when the following conditions are met:

(a) the applicant has made a genuine effort to substantiate his application;

(b) all relevant elements, at the applicant’s disposal, have been submitted, and a satisfactory explanation regarding any lack of other relevant elements has been given;

(c) the applicant’s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the applicant’s case;

(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so; and

(e) the general credibility of the applicant has been established.’

6 Article 15(c) of that directive is worded as follows:

‘Serious harm consists of:

…

(c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.’

Directive 2005/85

7 Directive 2005/85 was repealed and replaced by 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). However, since Ireland did not take part in the adoption of the latter directive and is not bound by it, Directive 2005/85 continues to apply to that Member State.

8 Recital 11 of Directive 2005/85 states:

‘It is in the interest of both Member States and applicants for asylum to decide as soon as possible on applications for asylum. The organisation of the processing of applications for asylum should be left to the discretion of Member States, so that they may, in accordance with their national needs, prioritise or accelerate the processing of any application, taking into account the standards in this Directive.’

9 Article 2(b) to (e) of that directive contains the following definitions:

‘For the purposes of this Directive:

…

(b) “application” or “application for asylum” means an application made by a third country national or stateless person which can be understood as a request for international protection from a Member State under the [Convention Relating to the Status of...