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Case C-217/23, Laghman: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 4 April 2023 — Bundesamt für Fremdenwesen und Asyl
ECLI:EU:UNKNOWN:62023CN0217
62023CN0217
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24.7.2023
Official Journal of the European Union
C 261/5
(Case C-217/23, Laghman (*) )
(2023/C 261/11)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant on a point of law: Bundesamt für Fremdenwesen und Asyl
Interested party: A N
Questions referred
1.Is the wording contained in Article 10(1)(d) of Directive 2011/95/EU (*) of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast), ‘that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society’, to be interpreted as meaning that a group only has a distinct identity in the relevant country if it is perceived as being different by the surrounding society, or is it necessary to assess separately whether a ‘distinct identity’ exists, irrespective of whether the group is regarded as being different by the surrounding society?
2.If, on the basis of the answer to question 1, the existence of a ‘distinct identity’ is to be assessed separately:
3.What criteria are to be used to assess whether there is a ‘distinct identity’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU?
4.In determining whether a group is perceived as being different ‘by the surrounding society’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU, must reference be made to the perspective of the actor of persecution or to that of society as a whole or of a substantial part of the society of a country or of part of the country?
5.What criteria are to be used to determine whether a group is perceived as being ‘different’ within the meaning of Article 10(1)(d) of Directive 2011/95/EU?
(*) The name of the present case is a fictitious name which does not correspond to the real name of any party to the proceedings.
(*) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).