Op-Ed: “With or without prejudice to the Geneva Convention? Refugees sur places as a result of subsequent circumstances determined by the applicant (Case C‑222/22)” by  Giulia Raimondo and Silvia Rizzuto

Introduction

In Case C-222/22 Bundesamt für Fremdenwesen und Asyl (Conversion religieuse ultérieure), the Court of Justice of the European Union (‘the Court of Justice’ or ‘the Court’) held that Directive 2011/95/EU (Qualification Directive) precludes a presumption that any subsequent application based on a risk of persecution arising from circumstances which the applicants created by their decision since leaving their country of origin is abusive and therefore prevents the granting of international protection.

The facts

The case originates from proceedings before the Federal Administrative Court of Austria regarding granting refugee status to an Iranian individual who converted to Christianity in Austria. The Federa