Europa (Grand Chamber) Directive 2004/83/EC – Minimum standards for determining who qualifies for refugee status or for subsidiary protection status – Person eligible for subsidiary protection Article 2(e) – Real risk of suffering serious harm – Article 15(c) -Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict – Proof.
Though Article 15(a) and (b) appeared to be co-extensive with Article 2 and 3 of the Convention, Article 15(c) was addressing the different situation of indiscriminate violence which, while not being aimed at a particular individual, could nevertheless be said to constitute an individual threat to such person.
Citations:
[2009] EUECJ C-465/07, [2009] All ER (EC) 651, [2009] INLR 235, [2009] 1 WLR 2100, [2009] 2 CMLR 45, [2009] Imm AR 477, [2009] WLR (D) 59
Links:
Statutes:
Directive 2004/83/EC, European Convention on Human Rights 2 3
Jurisdiction:
European
Citing:
See Also – Elgafaji and Elgafaji -c- Staatssecretaris van Justitie (Justice and Home Affairs) French Text ECJ 9-Sep-2008
Europa Refugee status – minimum standards regarding conditions for granting refugee protection level equal to that of Article 3 of the European Convention on Human Rights and Fundamental Freedoms. . .
Cited by:
Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the . .
Examined – QD and AH (Iraq) v Secretary of State for the Home Department CA 24-Jun-2009
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Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 03 April 2022; Ref: scu.417815