EDAL case summaries
Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Indiscriminate violence, Serious harm, Subsidiary Protection
Granting subsidiary protection is not dependent on the personal situation of the Applicant and relates to a generalised situation of serious risk in the country of origin, a situation that could commence even after the Applicant has left his country of origin. In the case in point, the indiscriminate violence throughout Nigeria fulfils the conditions required for granting subsidiary protection.
Date: 19-03-2013
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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