08 Avr European Court of Justice – april 2025
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – International protection – Directive 2011/95/EU – Refugee status – Article 14(4)(a) and (5) – Revocation or refusal to grant refugee status in the event of danger to the security of the host Member State – Conduct and acts prior to the entry of the applicant into the territory of the host Member State – Admissibility – Validity – Article 18 of the Charter of Fundamental Rights of the European Union – Article 78(1) TFEU – Convention relating to the Status of Refugees (‘Geneva Convention’).
ECJ, 27 February 2025, Case C 454/23, Κ.Α.Μ.v. Republic of Cyprus.
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Article 14(4)(a) and (5) of 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 a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, read in conjunction with Article 78(1) TFEU and Article 18 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State may revoke refugee status or decide not to grant it where the reasonable grounds for regarding the refugee as a danger to the security of that Member State, within the meaning of Article 14(4)(a) of that directive, are based on acts or conduct of that person prior to his or her entry into the territory of that Member State. It is irrelevant that those acts and that conduct do not constitute grounds for exclusion from being a refugee expressly provided for in Article 1(F) of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951, which entered into force on 22 April 1954, as supplemented by the Protocol relating to the Status of Refugees, concluded in New York on 31 January 1967 and which entered into force on 4 October 1967, and in Article 12 of that directive. In order to assess, first, the level of seriousness of the danger justifying the revocation of refugee status or the refusal to grant that status and, secondly, the consequences of that revocation or refusal for the refugee’s situation, there is no need to refer to the conditions applicable to the concept of ‘danger to the security of the country’ to which Article 33(2) of that convention refers or to the resulting serious consequences for that refugee.
Consideration of Article 14(4)(a) and (5) of Directive 2011/95 has disclosed no factor of such a kind as to affect the validity of that provision in the light of Article 78(1) TFEU and Article 18 of the Charter of Fundamental Rights.
