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