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CJEU - XY v Bundesamt für Fremdenwesen und Asyl, Case C-18/20, 09/09/2021
Country of applicant: Iraq

New elements or findings which have arisen or have been presented by the applicant in subsequent applications can consist, on the one hand, of those which have arisen after the decision became final, and, on the other hand, of those which have not been presented by the applicant but have already existed during the first procedure.

Domestic provisions regarding the procedures of examining a subsequent application must be compliant with the provisions set out in the Asylum Procedures Directive and cannot foresee a limited period to file a subsequent application. Moreover, if Member States have no specific implementing provisions regarding the Asylum Procedures Directive, domestic legislation is not applicable to dismiss a subsequent application if new elements or findings already existed before the decision became final but where not presented by the applicant’s own fault.

Date of decision: 09-09-2021
Relevant International and European Legislation: Recital (3),Recital (18),Recital (36),Article 5,Article 28,Article 33,Article 40,Article 42,Art 34.2
CJEU - C-921/19, LH v Staatssecretaris van Justitie en Veiligheid
Country of applicant: Afghanistan

Article 40(2) of the Asylum Procedures Directive does not distinguish between initial and subsequent applications for international protection. As such, Member States should not treat the assessment of evidence submitted in subsequent applications different from evidence submitted in a first application. Any document submitted by the applicant in support of his application for international protection must be considered, and the inability to authenticate that document cannot justify the exclusion of such a document from the examination.

Date of decision: 10-06-2021
Relevant International and European Legislation: Article 18,Art 19.1,Art 19.2,Article 47,Recital (3),Recital (18),Recital (25),Recital (36),Article 2,Article 10,Article 31,Article 33,Article 40,Article 41,Article 42,Art 52.1,Art 52.2,Art 52.3,Article 4,Article 14