Facts:Under Belgian law, a foreign national residing in Belgium who could prove his identity and who suffered from an illness occasioning a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment where there was no appropriate treatment in his country of origin or in the country in which he resided was entitled … Read More
C-542/13 – M’bodj v Belgium
| Respondent/Defendant: | Belgium |
| Court/s: | ECJ |
| Citation/s: | C-542/13 |
| Nature of Proceedings: | Preliminary ruling |
| Judgment Date/s: | 18 Dec 2014 |
| Judge: | Grand Chamber: V. Skouris, President, K. Lenaerts, Vice-President, M. Ilešič, L. Bay Larsen (Rapporteur), T. von Danwitz, J.-C. Bonichot and K. Jürimäe, Presidents of Chambers, A. Rosas, E. Juhász, A. Arabadjiev, C. Toader, M. Safjan, D. Šváby, M. Berger and A. Prechal, Judges |
| Category: | Refugee Law |
| Keywords: | Protection (Subsidiary), Refugee |
| Country of Origin: | Mauritania |
| URL: | http://curia.europa.eu/juris/document/document.jsf?text=&docid=160947&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=225679 |
| Geographic Focus: | Europe |
| Principles: | Likely deterioration in the health of a proposed deportee on the basis that adequate medical treatment would not be available in his or her country of origin will not amount to “serious harm” within the meaning of the Qualification Directive (2004/83/EC) as implemented by the EU (Subsidiary Protection) Regulations 2013, and therefore will not entitle him or her to subsidiary protection, unless it can be shown that such treatment exists there and that he would be denied it. The Qualification Directive precludes the Member States from introducing or retaining provisions granting subsidiary protection status provided for in it to a third country national who is suffering from a serious illness simply on the ground that there is a risk that that person’s health would deteriorate as a result of the fact that adequate treatment is not available in his or her country of origin. |