EDAL case summaries
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Burden of proof, Real risk, Subsidiary Protection, Armed conflict, Indiscriminate violence, Individual threat, Serious harm
This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the applicant by reason of indiscriminate violence. The Court found that Article 15(c) of the Directive does not impose a free-standing obligation on the Minister to investigate a possible armed conflict situation, it is for the applicant to make this claim and to make submissions and offer evidence establishing that he is from a place where there is a situation of...
Date: 14-01-2010
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