{"id":18905,"date":"2025-12-09T11:40:29","date_gmt":"2025-12-09T10:40:29","guid":{"rendered":"https:\/\/kliently.se\/?post_type=nyheter&p=18905"},"modified":"2025-12-09T14:43:13","modified_gmt":"2025-12-09T13:43:13","slug":"ukrainians-in-the-eu-can-now-have-subsidiary-protection-assessed","status":"publish","type":"nyheter","link":"https:\/\/kliently.se\/en\/news\/ukrainians-in-the-eu-can-now-have-subsidiary-protection-assessed\/","title":{"rendered":"Ukrainians in the EU can now have subsidiary protection assessed"},"content":{"rendered":"\n

The Court of Justice of the European Union (CJEU) has recently confirmed in a ruling that individuals with protection under the Temporary Protection Directive<\/a> 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<\/a>, 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<\/a> and have their applications examined according to the rules set out in national law.<\/p>\n\n\n\n

Protection for Ukrainians under the Temporary Protection Directive<\/h2>\n\n\n\n

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 \u201cregular\u201d residence permit based on refugee status.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

What the CJEU now has established<\/h2>\n\n\n\n

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:<\/p>\n\n\n\n