[Stewart Meadows]

European court rules on grounds for subsidiary protection in Germany


By Marion MacGregor Published on : 2021/06/11

Europe's highest court has ruled that German authorities may not rely simply on numbers of casualties when deciding whether to grant subsidiary protection.

Asylum authorities in European countries should examine 'all the relevant circumstances' in the country of origin of those fleeing armed conflict before deciding whether to grant them protection, according to Europe’s highest court .

In a case concerning two Afghan nationals, the European Court of Justice (ECJ) ruled on Thursday (June 10) that the test Germany had used to determine the level of risk faced by the applicants was too narrow. The two men from the province of Nangarhar had applied for protection but were rejected by German authorities because the death toll in their region was too low.

Many asylum seekers in Germany who are not entitled to protection under asylum and refugee law are granted so-called subsidiary protection instead. This generally means that they are considered to be at risk of torture, the death penalty or a serious individual threat to life and limb "as a result of wilful intent" or integrity "due to indiscriminate violence in the context of […] armed conflict."

https://www.infomigrants.net/en/post...ion-in-germany