3.4.12. The interplay between international protection applications and other procedures

Courts clarified in 2023 the effect of applying for international protection during other ongoing procedures, namely extradition and temporary protection. 

In Bulgaria, the Supreme Administrative Court ruled in a cassation appeal on the termination of international protection procedures for applicants from Ukraine and the application of temporary protection.

In Spain, the Supreme Court ruled in April 2023 that temporary protection cannot be granted to beneficiaries of another form of international protection. The applicant had challenged the decision by which he was provided subsidiary protection and not refugee protection, arguing that he should also be provided temporary protection. The Supreme Court rejected the claim, stating that subsidiary protection and temporary protection could not be cumulated.

In Spain, the Supreme Court ruled in April 2023 that international protection proceedings, including the application for international protection, suspend the execution of an extradition decision but not the extradition procedure itself.