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4. Subsidiary protection

Last update: May 2024

Article 15 QD

This chapter addresses the EU-regulated status of subsidiary protection. Where the applicant has not been found to qualify as a refugee, they may be eligible for subsidiary protection in accordance with Article 15 QD.

The contents of this chapter include:

  • Under the section Article 15(a) QD, the analysis focuses on the applicable EU legal framework and the factual circumstances surrounding the ‘death penalty or execution’ in Afghanistan.
  • The section on Article 15(b) QD looks into the risk of ‘torture or inhuman or degrading treatment or punishment’ in relation to particular circumstances in Afghanistan.
  • Under the section Article 15(c) QD, the analysis covers the different elements of the provision, looking into: ‘armed conflict’, ‘qualification of a person as a ‘civilian’’, ‘indiscriminate violence’, ‘serious and individual threat’ (where further individualisation elements are discussed), ‘qualification of the harm as ‘threat to life or person’’, and the interpretation of the nexus ‘by reasons of’.