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.
References:  EUECJ C-465/07,  All ER (EC) 651,  INLR 235,  1 WLR 2100,  2 CMLR 45,  Imm AR 477,  WLR (D) 59
Statutes: Directive 2004/83/EC, European Convention on Human Rights 2 3
This case cites:
- See Also – Elgafaji and Elgafaji -c- Staatssecretaris van Justitie (Justice and Home Affairs) French Text ECJ 9-Sep-2008 (C-465/07, ,  EUECJ C-465/07 – O)
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. . .
This case is cited by:
- Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010 (,  EWCA Civ 696,  WLR (D) 152, ,  1 WLR 2545,  1 All ER 270,  3 CMLR 39)
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 (,  EWCA Civ 620,  INLR 514,  Imm AR 132, C5/2008/1706, C5/2009/0251)
These lists may be incomplete.
Last Update: 16 November 2020; Ref: scu.417815 br>