Case summaries
The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU ruled that, although the removal of a seriously ill person could in exceptional circumstances amount to a breach of Article 3 ECHR, the Qualification Directive (2004/83/EC) is to be interpreted as not requiring a Member State to grant the social welfare and health care benefits to a third country national who has been granted leave to reside in the territory of that Member State under national legislation.
This case concerned a real well-founded fear of persecution (re-enslavement of the Applicant), failure to recognise the Applicant's refugee status as a member “of a particular social group” and a finding that his fear was not due to the grounds for persecution as defined by Article 1A of the Convention.
It was held that, should he return to his country, there was a risk that the Applicant would suffer serious harm (inhuman and degrading treatment because of potential re-enslavement) which justified granting him subsidiary protection under Article 15(2)(b) of the Directive.
Furthermore, and irrespective of the above, the Committee felt that it would amount to inhuman and degrading treatment under the said Article if the Applicant (who was suffering from chronic renal failure and hypertension) were deprived of the appropriate medical care and treatment for his condition, believing that should he return he would possibly not have access to the health care system (which was, in any case, deemed ineffective) in his country of origin, and this would be tantamount to a breach of Article 3 of the ECHR.
An applicant who demonstrated his will to put an end to his situation of servitude in Mauritania was considered as having a behavior which infringes on the customs of this country. He must be considered as a member of a social group whose members are, due to common characteristics which define then in the eyes of the Mauritanian society, likely to face persecution against which authorities are not able to protect them.
The right to an effective remedy under EU law does not require the specific preliminary decision to place an applicant for international protection under the accelerated procedure to be itself subject to judicial review, provided that this decision is reviewable as part of judicial consideration of the final substantive decision to grant or refuse protection.