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5 Qualification

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Chapter Summary

The Common European Asylum System establishes four protection statuses: refugee, subsidiary protection, temporary protection and applicant status. Rules on qualification for refugee, subsidiary protection and temporary protection statuses are laid down in the Qualification and Temporary Protection Directives. The rules on qualification for subsidiary protection serve to identify "persons genuinely in need of international protection", that is protection "otherwise" than Refugee Convention protection. Temporary protection applies to a whole group of persons from a certain ethnic background or region, designated by the Council. Article 2(c) of the Temporary Protection Directive specifies two types of Qualification harm: (i) "armed conflict or endemic violence" and (ii) persons "at serious risk or who have been the victims of systematic or generalised violations of human rights". Directive refugee status may concur only with temporary protection status. Subsidiary protection may concur with both applicant and with temporary protection status.

Keywords: Common European Asylum System; Directive refugee status; Refugee Convention; subsidiary protection; Temporary Protection Directives

10.1163/ej.9789004150874.i-689.37
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