Subsidiary Protection in UK Law

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

    (25) It is necessary to introduce criteria on the basis of which applicants for international protection are to be recognised as eligible for subsidiary protection. Those criteria should be drawn from international obligations under human rights instruments and practices existing in Member States.

  • HM and Others (Article 15(c)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 12 October 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 June 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 March 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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  • Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......2020/1309, regs. 1(2), 84, Sch. 5 para. 10) . 3: Protection claimants: legal routes from the EU and family reunion . (1) The Secretary ..., for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted;“protection ......
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • January 01, 2020
    ......9(1) . Protection of the individual . 2: Protection of the individual . F27Schedule 1 ......
  • Finance Act 2022
    • UK Non-devolved
    • January 01, 2022
    ......1992/1725 (N.I.) ) ;(e) a wholly owned subsidiary of a company within paragraphs (a) to (d) . . (5) The Treasury may by ... to authorise a disclosure that would contravene the data protection legislation (but those powers are to be taken into account in determining ......
  • The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009
    • UK Non-devolved
    • January 01, 2009
    ....... (6) Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) (1) The Reserve and Auxiliary Forces ... 1(1) of the Companies Act 2006 ”;(b) in the definition of “subsidiary” for “section 736 of that Act” substitute “ section 1159 of that ......
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Books & Journal Articles
  • Subsidiarity of Human Rights in Practice: The relationship between the Constitutional Court and Lower Courts in Czechia
    • No. 37-1, March 2019
    • Netherlands Quarterly of Human Rights
    The principle of subsidiarity is viewed as the cornerstone of the protection of human rights. Internationally, it is primarily the responsibility of states to ensure that human rights are respected...
    ......Introduction The current buzzword in international protection of human rights is ‘‘subsidiarity’ ’. Subsidiarity is inherent in ... .. the machinery of complaint to the Court is subsidiary to national systems safeguarding human rights. 11 Subsidiarity in the ......
  • Between facts and norms: Testing compliance with Article 8 ECHR in immigration cases
    • No. 37-2, June 2019
    • Netherlands Quarterly of Human Rights
    The European Court of Human Rights plays a subsidiary role in the protection of the rights and freedoms set forth in the Convention. To enable national authorities to perform their primary role, it...
    ...... NetherlandsAbstractThe European Court of Human Rights plays a subsidiary role in the protection of the rights andfreedoms set forth in the ......
  • Patenting choices for valuable subsidiary inventions created in an uncertain and fast changing environment
    • No. 12-4, December 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...
    ...... Chinese patentapplicationand international priority.Findings –The findingssuggest that firms have priorityto seek internationalpatent protection, insteadofhost countryprotection, for valuablesubsidiary inventions in theirbackground and marginal technologicalfields. In addition, a firm may seek ......
  • I Book Review: Complementary Protection in International Refugee Law
    • No. 27-3, September 2009
    • Netherlands Quarterly of Human Rights
    ...... ment which most explicitly puts in place a regime of complementary protection, being the EU Directive on refugee status and subsidiary protection (the Qualication Directive). is Directive grants a right to asylum not only to Convention refugees, but also to persons ......
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Law Firm Commentaries
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  • Lloyd's Estate form of witness statement
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ...... by reinsurance in the usual way] [are the subject of an Estate Protection Plan issued to the Deceased by Centrewrite Limited][are protected by an ...] is provided by Centrewrite Limited which is a wholly-owned subsidiary of Lloyd’s and the beneficiary of an undertaking by Lloyd’s to ......
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