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09/11/2023
The CJEU interpreted Articles 15(c) and (b) of the recast Qualification Directive and ruled that, when examining the conditions for granting subsidiary protection, national asylum authorities must take into account all relevant factors relating both to the individual position and personal circumstances of the applicant and to the general situation in the country of origin, before identifying the type of serious harm that those factors may substantiate.

ECLI
ECLI:EU:C:2023:843
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
European Union, Court of Justice of the European Union [CJEU], X, Y and their six children v Staatssecretaris van Justitie en Veiligheid, C‑125/22, ECLI:EU:C:2023:843, 09 November 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3786
Case history
Other information
Abstract

The court ruled that:


Article 15 of the recast Qualification Directive “must be interpreted as meaning that in order to determine whether an applicant for international protection is eligible for subsidiary protection, the competent national authority must examine all the relevant factors, relating both to the individual position and personal circumstances of the applicant and to the general situation in the country of origin, before identifying the type of serious harm that those factors may potentially substantiate.”


Article 15(c) of the recast Qualification Directive “must be interpreted as meaning that in order to assess whether there is a real risk of suffering a type of serious harm as defined in that provision, the competent national authority must be able to take account of factors relating to the individual position and personal circumstances of the applicant other than the mere fact of coming from an area of a given country where ‘the most extreme cases of general violence’, within the meaning of the judgment of the European Court of Human Rights of 17 July 2008, NA. v. the United Kingdom (CE:ECHR:2008:0717JUD002590407, § 115), occur.”


Article 15(b) of the recast Qualification Directive “must be interpreted as meaning that the intensity of the indiscriminate violence occurring in the applicant’s country of origin is not capable of weakening the requirement of individualisation of the serious harm defined in that provision.”


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C‑125/22
Date of Decision
09/11/2023
Country of Origin
Libya
Keywords
Assessment of Application
Country of Origin Information
First Instance determination
Indiscriminate violence
Subsidiary Protection