Article 10(2) of the recast Asylum Procedures Directive
When examining applications for international protection, the determining authority shall first determine whether the applicants qualify as refugees and, if not, determine whether the applicants are eligible for subsidiary protection.
And
Article 39(2) of the Asylum Procedure Regulation
When examining an application on the merits, the determining authority shall take a decision on whether the applicant qualifies as a refugee and, if not, it shall determine whether the applicant is eligible for subsidiary protection in accordance with Regulation (EU) 2024/1347.
This chapter addresses the EU-regulated status of subsidiary protection in accordance with Article 15 QD/QR:
Please note that where refugee status is not granted, established personal circumstances (e.g. age, gender, professional and economic background, home area, potential vulnerabilities) are still to be taken into account in the assessment of subsidiary protection according to Article 15 QD/QR.