Case summaries
The CJEU ruled on whether an individual could appeal a decision which refused refugee status but granted subsidiary protection status, even if the rights and benefits afforded by each international protection status are identical in national law.
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.
Termination of an applicant’s international protection status (ie where there is a change or termination of protection grounds) must be examined against the principle of non-refoulement, which ensures the right to a fair and efficient procedure in which the Asylum authority assesses if non-refoulement would be violated where protection ceases.
It results from the principle of non-refoulement that the applicant in proceedings on termination of subsidiary protection must have the possibility to state all the reasons for which subsidiary protection should not cease.
In the process of renewal of subsidiary protection all the guarantees provided by Article 18 of the Constitution (Prohibition of Torture) should be respected.
Legislation which limited the assessment of the competent authority in the subsidiary protection renewal procedure only to the grounds based on which an individual has been granted subsidiary protection, is inconsistent with the right set out in Article 18 of the Constitution.