Request for a preliminary ruling from the Upravno sodišče Republike Slovenije (Slovenia) lodged on 25 March 2021 – Republic of Slovenia

(Case C-186/21)

Language of the case: Slovenian

Referring court

Upravno sodišče Republike Slovenije

Parties to the main proceedings

Applicant: J. A.

Defendant: Republic of Slovenia

Questions referred

Must Article 8(3)(d) of the Reception Directive II ¹ be construed as meaning that the term ‘including’ expressly includes, among the objective criteria, the fact that ‘[the person concerned has] already had the opportunity to access the asylum procedure’?

If the answer to that question is in the negative, must Article 8(3)(d) of the Reception Directive II be construed as meaning that, in the circumstances set out above, detention is permissible only on the basis of predetermined objective criteria and of a prior finding that the applicant for international protection has already had the opportunity to lodge an application for international protection, so that it can be concluded that there are reasonable grounds to believe that that application was made merely in order to delay or frustrate the enforcement of a return decision?

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¹     Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) (OJ 2013 L 180, p. 96).