The Court of Justice of the European Union (CJEU) has recently confirmed in a ruling that individuals with protection under the Temporary Protection Directive also have the right to have their asylum applications examined regarding subsidiary protection/subsidiary protection status declaration. This ruling follows a case brought by the Swedish Refugee Law Center, where a Ukrainian family applied for subsidiary protection but was denied, ultimately taking the matter to the CJEU. The Court now state that Ukrainians in the EU have the right to apply for subsidiary protection/subsidiary protection status declaration and have their applications examined according to the rules set out in national law.
Protection for Ukrainians under the Temporary Protection Directive
Almost everyone who fled from Ukraine to Sweden has been granted protection under the Temporary Protection Directive. This gives a person the right to protection, work, and certain forms of support for a limited period of time. However, it doesn’t provide the same rights or long-term stability as a “regular” residence permit based on refugee status.
Because of this, many Ukrainians have also applied for asylum, which would grant them stronger and more durable rights. But Swedish authorities have chosen not to examine these applications. Instead they’ve stated that applicants are already protected under the Temporary Protection Directive. According to Swedish authorities, applications could only be examined once this protection expires. As of now, it’s set to last until March 2027.
What the CJEU now has established
The CJEU clarifies that Ukrainians with protection under the Temporary Protection Directive have the right to have their asylum applications for subsidiary protection/subsidiary protection status declaration examined. According to the CJEU, EU law in this area take precedence over national legislation. This means that:
- Swedish authorities may no longer reject asylum applications solely because the applicant already has temporary protection.
- Courts and the Swedish Migration Agency must examine asylum applications in the usual way, even for those who’re protected under the Temporary Protection Directive.
Ukrainians who want to apply for subsidiary protection
If you’re Ukrainian and want to apply for subsidiary protection in Sweden, you have to personally submit an asylum application to the Swedish Migration Agency. This is done at one of their service centers. You can also seek help from a lawyer when applying for asylum. It isn’t required to hire a lawyer. However doing so can make it easier to understand your chances of having your application approved. The Migration Agency will then investigate your case and make a decision.
Do you need legal help?
We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Anastasia Martin, Atefa Jafary