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 humanitarian protection claim.
Held: The claimant’s appeal succeeded. He could appeal against the refusal of humanitarian protection.
A person not entitled to refugee status may nevertheless be eligible for ‘subsidiary’ protection, pursuant to the Qualification Directive, if substantial grounds have been shown for believing that, if returned to his country of origin, he would face a real risk of suffering serious harm and is unable or, owing to such risk, unwilling to avail himself of the protection of that country. The serious harm feared was real. Following Elgafaji and QD, ‘it is now tolerably clear that Article 15 is wider than Article 2 and 3 of the Human Rights Convention and to that extent is itself directly applicable in all EU countries including the United Kingdom.’


Pill, Longmore, Sullivan LJJ


[2010] EWCA Civ 696, [2010] WLR (D) 152, [2010] 1 WLR 2545, [2011] 1 All ER 270, [2010] 3 CMLR 39


Bailii, WLRD


Nationality, Immigration and Asylum Act 2002 83, Qualification Directive 2004/83/EC, Immigration Rules 339C


England and Wales


CitedOdelola v Secretary of State for the Home Department HL 20-May-2009
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. . .
CitedElgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009
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 . .
CitedQD and AH (Iraq) v Secretary of State for the Home Department CA 24-Jun-2009
. .
CitedPeterbroeck, Van Campenhout and Cie v Belgian State ECJ 14-Dec-1995
It is a basic principle of European Union law that national law should provide effective legal protection, by establishing a system of legal remedies and procedures which ensure respect for the relevant European law right: ‘For the purposes of . .

Cited by:

CitedTN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 19 August 2022; Ref: scu.417083