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Case C-186/21 PPU: Order of the Court (First Chamber) of 3 June 2021 (request for a preliminary ruling from the Upravno sodišče Republike Slovenije — Slovenia) — J.A. v Republika Slovenija (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Immigration and asylum policy — International protection — Directive 2013/33/EU — Point (d) of the first subparagraph of Article 8(3) — Detention of applicants for international protection — Applicant detained subject to a return procedure under Directive 2008/115/EC and in respect of whom there are reasonable grounds to believe that he is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision — Objective criteria on which such grounds may be based — Applicant who has already had the opportunity to access the asylum procedure)
ECLI:EU:UNKNOWN:62021CB0186
62021CB0186
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Official Journal of the European Union
C 357/5
(Case C-186/21 PPU) (*)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Immigration and asylum policy - International protection - Directive 2013/33/EU - Point (d) of the first subparagraph of Article 8(3) - Detention of applicants for international protection - Applicant detained subject to a return procedure under Directive 2008/115/EC and in respect of whom there are reasonable grounds to believe that he is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision - Objective criteria on which such grounds may be based - Applicant who has already had the opportunity to access the asylum procedure)
(2021/C 357/07)
Language of the case: Slovenian
Referring court
Parties to the main proceedings
Applicant: J.A.
Defendant: Republika Slovenija
Operative part of the order
Point (d) of the first subparagraph of Article 8(3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection must be interpreted as meaning that the fact that an applicant for international protection has already had the opportunity to access the asylum procedure constitutes an objective criterion for the purposes of that provision.
(*)
Language of the case: Slovenian
ECLI:EU:C:2021:206