Elgafaji 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 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: [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: Bailii
Statutes: Directive 2004/83/EC, European Convention on Human Rights 2 3
Jurisdiction: European
This case cites:

This case is cited by:

  • Cited – FA (Iraq) v Secretary of State for The Home Department CA 18-Jun-2010 (, [2010] EWCA Civ 696, [2010] WLR (D) 152, , [2010] 1 WLR 2545, [2011] 1 All ER 270, [2010] 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 (, [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251)
    . .

These lists may be incomplete.

Last Update: 16 November 2020; Ref: scu.417815