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Case C-193/19: Request for a preliminary ruling from the Förvaltningsrätten i Malmö (Sweden) lodged on 27 February 2019 — A v Migrationsverket

ECLI:EU:UNKNOWN:62019CN0193

62019CN0193

February 27, 2019
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6.5.2019

Official Journal of the European Union

C 155/34

(Case C-193/19)

(2019/C 155/40)

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: A

Defendant: Migrationsverket

Questions referred

1.Do the provisions of the Schengen Convention, including, in particular, the provisions on the systematic consultation of the SIS and the Schengen Borders Code and including, in particular, the requirement to hold a valid passport laid down therein, constitute obstacles to the grant of residence permits on the basis of applications which were submitted in Sweden and which are not based on grounds of protection or humanitarian grounds, when the identity is unclear?

2.If that is the case, can the exception on establishment of identity be governed by national law or by case-law?

3.If the situation described in paragraph 2 above is not the case, what, if any, derogation is provided for in EU law?

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