CURIA - Documents
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https://curia.europa.eu/juris/document/document_print.jsf?docid=242...
points (e) and (g);
(b)
“beneficiary of international protection” means a person who has been granted refugee status
or subsidiary protection status as defined in points (e) and (g);
…
(f)
“person eligible for subsidiary protection” means a third-country national or a stateless person
who does not qualify as a refugee but in respect of whom substantial grounds have been
shown for believing that the person concerned, if returned to his or her country of origin, or in
the case of a stateless person, to his or her country of former habitual residence, would face a
real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2)
does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of
the protection of that country;
(g)
“subsidiary protection status” means the recognition by a Member State of a third-country
national or a stateless person as a person eligible for subsidiary protection;
…’
5
Article 4 of that directive, entitled ‘Assessment of facts and circumstances’, provides:
‘1.
Member States may consider it the duty of the applicant to submit as soon as possible all the
elements needed to substantiate the application for international protection. In cooperation with the
applicant, it is the duty of the Member State to assess the relevant elements of the application.
…
3.
The assessment of an application for international protection is to be carried out on an
individual basis and includes taking into account:
(a)
all relevant facts as they relate to the country of origin at the time of taking a decision on the
application …;
(b)
the relevant statements and documentation presented by the applicant including information
on whether the applicant has been or may be subject to persecution or serious harm;
(c)
the individual position and personal circumstances of the applicant, including factors such as
background, gender and age, so as to assess whether, on the basis of the applicant’s personal
circumstances, the acts to which the applicant has been or could be exposed would amount to
persecution or serious harm;
…
4.
The fact that an applicant has already been subject to persecution or serious harm, or to direct
threats of such persecution or such harm, is a serious indication of the applicant’s well-founded fear
of persecution or real risk of suffering serious harm, unless there are good reasons to consider that
such persecution or serious harm will not be repeated.
…’
6
Article 8 of that directive, entitled ‘Internal protection’, is worded as follows:
‘1.
As part of the assessment of the application for international protection, Member States may
determine that an applicant is not in need of international protection if in a part of the country of
origin, he or she:
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