Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/19/2019

Subject: The Court affirmed that Directive 2013/32 does not preclude a Member State from exercising the option to reject an application for the grant of refugee status as being inadmissible on the ground that the applicant has been previously granted subsidiary protection by another Member State, where the living conditions that that applicant could be expected to encounter as the beneficiary of subsidiary protection in that other Member State would not expose him to a substantial risk of suffering inhuman or degrading treatment, within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union. The fact that the beneficiaries of such subsidiary protection do not receive, in that Member State, any subsistence allowance, or that such allowance as they receive is markedly inferior to that in other Member States, though they are not treated differently from nationals of that Member State, can lead to the finding that that applicant would be exposed in that Member State to such a risk only if the consequence is that that applicant would, because of his or her particular vulnerability, irrespective of his or her wishes and personal choices, be in a situation of extreme material poverty

Parties: Ibrahim

Classification: Dignity - Art. 4 Inhuman treatments - Degrading treatments - Freedoms - Art. 18 Refugees

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