June 18
2021
Anjum Shabbir
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10th June 2021
Employment & Immigration

What is a ‘new element or finding’ in the context of asylum applications? Court of Justice’s ruling

The Court of Justice has just handed down its judgment in Staatssecretaris van Justitie en Veiligheid (Éléments ou faits nouveaux) (C-921/19), a preliminary ruling requested by the District Court of The Hague (Rechtbank Den Haag) concerning the circumstances in which an asylum seeker can rely on ‘new elements or findings’ for the purposes of making a fresh asylum application under the Procedures Directive 2013/32 and the Qualification Directive 2011/95.

This question is key for ensuring equal treatment of asylum applicants throughout the EU, regardless of the Member State in which their application for asylum is lodged. However, as pointed out by Advocate General Hogan in his Opinion on  the case, there are wide divergences among

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