Judgment of the Court of Justice in Case C-18/20

09 Sep: EU law precludes a subsequent application for international protection from being rejected as inadmissible on the sole ground that it is based on circumstances which already existed during the procedure relating to the first application

(Source: Court of Justice of the EU)

In addition, the reopening of the first procedure in order to examine the substance of thesubsequent application cannot be subject to the condition that that application has been lodgedwithin a certain time limit

An Iraqi national whose first application for international protection had been rejected in a finaldecision by the Bundesamt für Fremdenwesen und Asyl (Federal Office for Immigration andAsylum, Austria) lodged, several months later, a subsequent application for international protectionbefore that same authority. While he had based his first application on the fact that he feared forhis life should he return to …