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Case C-481/13: Request for a preliminary ruling from the Oberlandesgericht Bamberg (Germany) lodged on 9 September 2013 — Criminal proceedings against Mohammad Ferooz Qurbani
ECLI:EU:UNKNOWN:62013CN0481
62013CN0481
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30.11.2013
EN
Official Journal of the European Union
C 352/4
(Case C-481/13)
2013/C 352/05
Language of the case: German
Referring court
Party to the main proceedings
Questions referred
1.Does the personal ground for the suspension of penalties in Article 31 of the Geneva Convention relating to the Status of Refugees (‘GC’) also include, beyond its wording, forgery of documents, which took place on presentation of a forged passport to a police officer on the occasion of entry by air into the Federal Republic of Germany, when the forged passport is not in fact necessary to apply for asylum in that State?
2.Does the use of human traffickers preclude reliance on Article 31 GC?
3.Is the factual requirement in Article 31 GC, of coming ‘directly’ from a territory where the life or freedom of the person concerned was threatened, to be interpreted as meaning that that element is also satisfied if the person concerned first entered another Member State (here: Greece) from where he continued to another Member State (here: the Federal Republic of Germany) in which he seeks asylum?