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Secretary of State for the Home Department v. O A, Case C-255/19, CJEU, 20 January 2021

Date
20/01/2021
Type Judgment
Case number C-255/19

Abstract

The recognition of any economic and social support to the family of a third-country national does not meet the requirements of international protection offered by a Member State pursuant to Directive 2004/83/EC

Normative references

Council Directive 2004/83 / EC of 29 April 2004 laying down minimum rules on the qualification of third-country nationals or stateless persons as refugee or person otherwise in need of international protection, as well as minimum standards on the content of the recognized protection.

Ruling

Art. 11, of Directive 2004/83 / EC, laying down minimum standards on the attribution, to third country nationals, of the qualification of refugee or person otherwise in need of international protection, as well as minimum standards on the content of the protection recognized, must be interpreted in meaning that the "protection" provided by this provision with reference to the cessation of refugee status must meet the same requirements resulting, as regards the recognition of this status, from art. 2, lett. c) of this directive, in conjunction with art. 7 of the same. Furthermore, art. 11, par. 1, lett. e), of Directive 2004/83, in conjunction with art. 7, par. 2, of the latter, must be interpreted as meaning that any social and economic support guaranteed by private individuals, such as the family of the third-country national concerned, does not meet the protection requirements resulting from these provisions and therefore does not assume relevance in order to assess the effectiveness or availability of the protection offered by the State pursuant to the provisions of the aforementioned Community legislation.