The case concerned a Chinese national of Uyghur origin who arrived in the Netherlands in March 2022 with his Ukrainian wife and their child. He was granted temporary protection in the Netherlands as a family member of a Ukrainian national residing in Ukraine with their child before 24 February 2022. The Dutch authorities suspended the examination of his asylum application until the end of the period of temporary protection. In 2024, the applicant challenged the failure to take a decision on his application within the time limits laid down by EU law. The Netherlands Council of State subsequently referred questions to the Court of Justice on whether EU law allows the examination of an application for international protection to be suspended while the applicant benefits from temporary protection.

The Court held that EU law allows a person benefiting from temporary protection to apply for international protection and that the two procedures may proceed in parallel and independently. It found that the rules governing the examination of applications for international protection also apply to applicants who already benefit from temporary protection, including the applicable time limits. However, Member States may extend those time limits where objective circumstances justify this, including administrative difficulties resulting from a substantial increase in the number of applications lodged over a short period. 

The Court also noted that, in exceptional circumstances where it is objectively impossible to examine all applications within the applicable time limits, national authorities may take organisational measures, such as examining applications in stages or establishing priorities. Any delay must, however, result from measures necessary to address this objective impossibility, rather than from a general and automatic suspension based solely on the applicant’s temporary protection status.

For further information, please read the press release of the Court of Justice below, or consult the judgment for full details.