Case summaries
CJEU – C-353/16, MP v Secretary of State for the Home Department
Country of applicant:
Sri Lanka
Keywords:
Inhuman or degrading treatment or punishment, Previous persecution, Serious harm, Subsidiary Protection, Torture, Health (right to)
The fact that a person cannot be repatriated under Article 3 of the ECHR does not imply that that person should be granted a leave to reside in the host country by way of subsidiary protection under Directive 2004/83. The person concerned is eligible for subsidiary protection only if there is a real risk of him being intentionally deprived, in his country of origin, of appropriate health care.
Date of decision:
24-04-2018
Relevant International and European Legislation:
Art 2 (e),Art 2,Art 18,Art 15,Art 4,Art 6,Art 4.4,Recital 6,Recital 25,Article 5,Article 3,Recital (12),Recital (34),Article 2,Article 4,Article 6,Article 15,Article 16,Article 18,Art. 3