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20.05.2021 – Court of Justice - Judgment - Directive 2013/32/UE - L. R. - Aff. C-8/20

An application for international protection may not be rejected as inadmissible on the ground that a previous application for asylum made by the same person was rejected by Norway

Even though that third State participates in part in the Common European Asylum System, it cannot be treated in the same way as a Member State

In 2008, L.R., an Iranian national, lodged an application for asylum in Norway. His application was rejected and he was surrendered to the Iranian authorities. In 2014, L.R. lodged a further application in Germany. In so far as the Dublin III Regulation, which allows the Member State responsible for examining an application for international protection to be determined, is also implemented by Norway, the German authorities contacted the authorities of that country requesting it to take charge of L.R. However, those authorities refused to do so, taking the view that Norway was no longer responsible for examining his application, in accordance with the Dublin III Regulation. Subsequently, the German authorities rejected L.R.’s application for asylum as inadmissible, taking the view that it was a ‘second application’ and that in such a case the necessary conditions for the initiation of a further asylum procedure were not met. L.R. then brought an action against that decision before the Schleswig-Holsteinisches Verwaltungsgericht (Administrative Court, Schleswig-Holstein, Germany).

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