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Case C-526/18: Request for a preliminary ruling from the Förvaltningsrätten i Göteborg (Sweden) lodged on 13 August 2018 — AA v Migrationsverket
ECLI:EU:UNKNOWN:62018CN0526
62018CN0526
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Valentina R., lawyer
22.10.2018
Official Journal of the European Union
C 381/16
(Case C-526/18)
(2018/C 381/17)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: AA
Defendant: Migrationsverket
Questions referred
1.Do the provisions of the Schengen Agreement or the Schengen Borders Code preclude provisions of national law such as those set out in Paragraph 16 of the Lagen (2016:752) om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige (Law (2016:752) on temporary restrictions on the possibility of obtaining a residence permit in Sweden) and which mean that a residence permit for study at secondary school level may be granted to a third-country national who is in a Member State, even if his or her identity is unclear or he or she is unable to provide prima facie evidence of his or her stated identity?
2.If, in such a situation, the Schengen acquis is deemed to include a requirement that identity has been made clear or for which prima facie evidence has been provided, can the provisions of the Returns Directive or any other EU legislation be interpreted as permitting an exception from that identity requirement?
Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98).