Case summaries
Czech Republic - Supreme Administrative Court, 9 October 2009, A.K.B. v. Ministry of the Interior, 6 Azs 34/2009-89
Country of applicant:
Ivory Coast
Keywords:
Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Serious harm, Subsidiary Protection, More favourable provisions
Subsidiary protection pursuant to Art. 14a(2)(b) of the Act on Asylum (serious harm consisting of inhuman or degrading treatment) may also be granted in so-called humanitarian cases. This goes beyond the scope of Article 15(b) of the Qualification Directive; however, it is compatible with the directive. In order to grant subsidiary protection in so-called humanitarian cases, the factual circumstances need to reach the standard set out in the judgment of the ECtHR, D. v. the United Kingdom.
Date of decision:
09-10-2009