Court of Justice of the European Union
Proceedings brought by Jafari and another (Bundesamt für Fremdenwesen und Asyl intervening)
(Case C-646/16)
EU:C:2017:443
EU:C:2017:586
2017 March 28;
June 8;
July 26
President K Lenaerts,
Vice-President A Tizzano,
Presidents of Chambers R Silva de Lapuerta, L Bay Larsen, JL da Cruz Vilaça, M Berger, A Prechal,
Judges A Rosas, A Arabadjiev, C Toader, M Safjan, D Šváby, E Jarašiūnas, CG Fernlund, S Rodin
Advocate General E Sharpston
European UnionImmigrationAsylumMember state tolerating entry into its territory of large number of third-country nationals seeking international protectionNationals not fulfilling entry conditions generally imposed in that member stateWhether tolerance of nationals’ entry amounting to granting of “visa”Whether nationals “irregularly crossing” border into member stateWhether member state responsible for examining nationals’ applications for international protection Parliament and Council Regulation (EU) No 604/2013, arts 2(m), 12, 13(1)

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