||All England Reporter
|| All ER (D) 157 (Feb)
||Court of Justice of the European Communities (Grand Chamber)
Judges Skouris (President of the Chamber), Jann, Timmermans, Rosas, Lenaerts and Ilesic (Presidents of Chambers), Arestis, Borg Barthet, Malenovsky, Lohmus and Bay Larsen (Rapporteur)
||17 February 2009
European community - Residence - Right of - Person eligible for subsidiary protection - Applicants applying for temporary resident permits as persons eligible for subsidiary protection - Respondent refusing applications on ground that no risk of serious harm should applicants be returned to country of origin - Evidence required in order to establish status as person eligible for subsidiary protection - Council Directive (EC) 2004/83, arts 2(e), 15(c).
European community Residence. The European Court of Justice gave a preliminary ruling on the interpretation to be given to art15(c), in conjunction with art 2(e), of Council Directive (EC) 2004-83 (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) on a reference made by the Council of State in the Netherlands after it had recognised difficulties in resolving a matter which concerned the refusal by the respondent, the State Secretary for Justice, to grant the applicants temporary residence permits.
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