Case C-604/12 – HN v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:ECJ
Citation/s:C-604/12
Nature of Proceedings:Preliminary ruling
Judgment Date/s:08 May 2014
Judge:CJEU Fourth Chamber: L. Bay Larsen (Rapporteur), President of the Chamber, K. Lenaerts, Vice-President of the Court, acting as Judge of the Fourth Chamber, M. Safjan, J. Malenovský and A. Prechal, Judges
Category:Refugee Law
Keywords:Protection (Subsidiary), Refugee
Country of Origin:Pakistan
URL:http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130de9f0aeac3f43442be9521a6d25246fc25.e34KaxiLc3eQc40LaxqMbN4ObxqOe0?text=&docid=151965&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=222399
Geographic Focus:Europe

Facts:The applicant purported to make a stand-alone application for subsidiary protection in Ireland in 2009. The Minister for Justice declined to determine it, on the basis that the applicant had not applied for and been refused a declaration of refugee status, which the Minister said was a condition precedent to his being eligible to apply for subsidiary protection under the … Read More

Principles:

In Irish law, a person who wishes to apply for subsidiary protection must first apply for, and be refused, a declaration of refugee status. This is not prohibited by Directive 2004/83/EC (the “Qualification Directive”) nor by any general rule of EU law, such as the right to good administration.

A person should, however, be able to submit applications for refugee status and subsidiary protection simultaneously. In the event that he or she is refused a declaration of refugee status, the application for subsidiary protection will then be considered and determined.

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