PEOPLE FLEEING violence and seeking safety in the European Union do not have to prove that their lives are specifically under threat if they come from a sufficiently dangerous country, the European Court of Justice has ruled.
In an important clarification of European asylum law, the court yesterday decided that people seeking “subsidiary protection” because they fear for their life at home do not have to prove they have been personally targeted, if their country is seen as sufficiently dangerous.
Under exceptional circumstances, applicants can be allowed to stay in the EU because indiscriminate violence is so common in their home country that they would be in danger if they stayed.
However, it is up to EU member states to decide when those exceptional circumstances apply.
The ruling concerns an Iraqi couple who applied for temporary residence permits in the Netherlands, saying their lives would be in danger if they remained in Iraq.
The Dutch justice ministry refused the application, saying the couple had not proved that they would face a “serious and personal” threat if they returned home.
The judgment makes clearer the procedure for the granting of “subsidiary protection”, a legal mechanism introduced by EU directive in 2004 to grant residence to people who are in need of protection but who do not qualify for refugee status under international law.
It is aimed at protecting those who face a real risk of “serious harm” due to the death penalty, torture, inhuman treatment or a threat to life by reason of “indiscriminate violence” or armed conflict.
In Ireland the mechanism was introduced in October 2006, but according to figures held by the Irish Refugee Council, this type of protection has been granted to just nine applicants to date.
Robin Hanan, the council’s chief executive, said yesterday’s ruling could be very important for people seeking protection in Ireland.
“Many of the people we meet every day come from extreme danger in countries experiencing armed conflict and widespread violence, such as Afghanistan, Georgia, Darfur in Sudan, Somalia (and) the Eastern Congo, but cannot gather the detailed documents needed to prove that they are personally in danger.
“This judgment could literally be a life-saver for such people,” he said.
The UN refugee agency, UNHCR, welcomed the court’s guidance and said it would help states in deciding on asylum claims from people fleeing situations of indiscriminate violence.
