Subsidiary Protection in UK Law

Leading Cases
  • HH & others (Mogadishu: armed conflict: risk)
    • Asylum and Immigration Tribunal
    • 22 Nov 2007

    The Tribunal received considerable oral and written submissions on one particular issue of subsidiary protection, as provided in Chapter V of Council Directive 2004/83/EC (“the Qualification Directive”): the risk of suffering the form of serious harm identified in article 15(c) of the Qualification Directive, namely, a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

  • QD (Iraq) and another v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 24 Jun 2009

    Nor, however, has the judgment introduced an additional test of exceptionality. By using the words “exceptional” and “exceptionally” it is simply stressing that it is not every armed conflict or violent situation which will attract the protection of article 15(c), but only one where the level of violence is such that, without anything to render them a particular target, civilians face real risks to their life or personal safety.

  • HM and Others (Article 15(c)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 12 Oct 2012

    These can properly be regarded as indiscriminate in the sense that, albeit they may have specific or general targets, they inevitably expose the ordinary civilian who happens to be at the scene to what has been described in argument as collateral damage. The means adopted may be bombs, which can affect others besides the target, or shootings, which produce a lesser but nonetheless real risk of collateral damage.

    Our primary focus in these appeals is strictly confined to Article 15(c) of the Qualification Directive, and a discrete issue relating to risk on return to BIAP. However, since this case deals with the current situation in Iraq it will inevitably be a reference point for decision-makers deciding asylum-related appeals brought by Iraqis that are not confined to the Article 15(c) issue.

  • FA (Iraq) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 18 Jun 2010

    Mr Payne submitted that a claim under the Directive is dissimilar from the domestic claim under the Refugee Convention and the different approach to the two which follows from the construction of section 83 of the 2002 Act is justified. The exercise of that right cannot be deferred compulsorily until a decision which comes within the scope of section 82 of the 2002 Act has been made.

    The rights of a refugee, as now provided in national law, and the rights of a person with subsidiary protection status, as provided by the Directive are in many respects similar. They are sufficiently similar, in my judgment, to require national law to provide the person seeking international protection of that kind to have the same remedy of recourse to an independent tribunal against an adverse decision of the Secretary of State as has a person seeking international protection as a refugee.

  • AK (Afghanistan) v Secretary of State for the Home Department
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 15 Mar 2012

    Second, to skip over refugee eligibility would be to lend support to the misconception that persons fleeing armed conflict cannot fall within the Article 1A(2) Refugee Convention definition. That has never been so, even if there has been recurrent hesitation about the criteria that should apply to such cases: see AM & AM (armed conflict: risk categories) Somalia CG [2008] UKAIT 00091, paras 17, 68.

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Legislation
  • European Union (Withdrawal) Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (f) (f) the principle that environmental protection requirements must be integrated into the definition and implementation of ..., for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted; . ......
  • Companies Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... . . (e) a copy of any court order under section 996 (protection of members against unfair prejudice: powers of the court) that alters the ... . . (ii) a subsidiary of the company allotting the shares, or. . . (iii) a subsidiary of the ......
  • The Solvency 2 Regulations 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... Articles 238 and 239 of the Solvency 2 Directive to a subsidiary undertaking; and . (b) the PRA is a member of the college of supervisors .... Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 . 20. -(1) The ......
  • Co-operative and Community Benefit Societies Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... that Act) or a deputy appointed for the member by the Court of Protection, and. . . (c) the donee or deputy has power in relation to the member ... . . (a) is a credit union,. . . (b) is a subsidiary,. . . (c) has a subsidiary,. . . (d) holds a deposit or has at any ......
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Books & Journal Articles
  • Patenting choices for valuable subsidiary inventions created in an uncertain and fast changing environment
    • Núm. 12-4, Diciembre 2018
    • Journal of Asia Business Studies
    • 441-454
    Purpose: Firms increasingly diversify their technological competencies to achieve different strategic objectives. This study aims to explore the impacts of technological knowledge characteristics o...
    ......Findings – The findingssuggest that firms have priorityto seek internationalpatent protection, insteadof host countryprotection, for valuablesubsidiary inventions in theirbackground and marginal technologica l fields. In addition , a firm may ......
  • Europe’s Policy Crisis: Analysis of the Dublin System
    • Núm. IV-II, Julio 2017
    • SOAS Law Journal
    • Viola von Braun
    ...... The Regulat ion fails t o ensure the rights of protection-seekers and distributes the r esponsibility for applications unfa irly ... a nd Liechtenstein, have not enshrined the concept of subsidiary protection into their national law. 11 II. Responsibility ......
  • Child impact statements: protecting children's interests in policy and provision?
    • Núm. 2-4, Diciembre 2007
    • Journal of Children's Services
    • 30-43
    Child impact statements are a tool for assessing the potential impact of policy, provision, legislation etc on children. Although now predominantly based on the UN Convention on the Rights of the C...
  • Seen but Not Heard? Parallels and Dissonances in the Treatment of Rape Narratives across the Asylum and Criminal Justice Contexts
    • Núm. 36-2, Junio 2009
    • Journal of Law and Society
    A significant proportion of women seeking refugee status in the United Kingdom will claim to have been raped in their country of origin. Even where this is not the sole basis of an asylum claim, it...
    ......9 While this protection has led Steinbock to argue that the Refugee Convention may be one of the ...14 However, asylum claimants granted a form of `subsidiary protection' under one of these legal instruments will not enjoy the full ......
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Law Firm Commentaries
  • ICO imposes maximum pre-GDPR fine on major UK retailer: cybersecurity lessons for retailers (and other organisations)
    • JD Supra United Kingdom
    Last month the Information Commissioner's Office (ICO), the UK data protection regulator, imposed a monetary penalty notice of £500,000 on electronics retailer DSG Retail Limited (DSG), a company b...
    ...... month the Information Commissioner's Office (ICO), the UK data protection regulator, imposed a monetary penalty notice of £500,000 on electronics ...DSG is a subsidiary of Dixons Carphone plc. . The personal data breach occurred during a ......
  • BREXIT: The UK Has Chosen To Leave The EU. What Next?
    • JD Supra United Kingdom
    On 23 June 2016, the UK held a referendum in which the British people voted for the UK to leave the European Union. But what does this mean in practical terms? Who will BREXI...
    ...... . Any business or financial institution based in, with a subsidiary in, trading in or with any presence in the UK. . Any business or ... government will need to update and strengthen the current data protection laws. Whilst we do not yet know what form any new legislation will take, ......
  • Game Changer - A Parent Company Can Now Owe A Direct Duty Of Care To The Employees Of Its Subsidiary
    • Mondaq United Kingdom
    ......, or ought to have known, that the subsidiary or its employees would rely on its superior knowledge of health and safety matters for the protection of the subsidiary's employees The parent company had a practice of intervening in the trading operations of the subsidiary in relation to production ......
  • Is A Parent Company Liable For Its Subsidiary's Employees?
    • Mondaq United Kingdom
    ...... unsafe, and the parent knows or should foresee that the subsidiary or its employees will rely on its superior knowledge for the employees' protection. The Court was careful to highlight the fact that the duty of care/assumption of responsibility cannot be imposed simply by reason of a company ......
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