National legislation providing that refugees with a temporary residence permit in a Member State may only claim social benefits for an amount lower than those granted to nationals and refugees with a permanent residence permit is contrary to EU law, the EU Court of Justice ruled on Wednesday 21 November (C-713/17).
In this case, Mr. Ayubi was granted a three-year asylum permit to stay in Austria in September 2016. In March 2017, the district of Linz-Land granted him a minimum social benefit on the grounds that, under Austrian law, his refugee status is temporary.
Mr Ayubi filed an appeal against this decision with the Austrian courts, arguing that the unfavourable treatment of refugees without a permanent residence permit was incompatible with the Directive (2011/95) on the standards for the qualification of international protection.
The Court agreed with the applicant. (Original version in French by Mathieu Bion)