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Refugee Definition and Subsidiary Protection

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Chapter Summary

Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted was adopted on 29 April 2004 after intense and protracted negotiations. The Directive limits eligibility for refugee status or subsidiary protection to "third country nationals or stateless persons". The provisions in the Directive on qualification for subsidiary protection are an attempt to give effect to Member States' obligations under a range of international human rights law instruments, most particularly Article 3 ECHR but also the UN Convention against Torture. The general principles of Community law would support an argument than an implicit right of access to court to dispute the denial of a benefit to persons with refugee or subsidiary protection status or their family members must exist, with corollary procedural rights.

Keywords: Council Directive; European convention on human rights; Geneva convention; refugee status; stateless persons; subsidiary protection; third country nationals

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