Subsidiary Protection for Asylum Seekers in Ireland

Liam Thornton

    Research output: Contribution to journalArticle

    Abstract

    A third country national is entitled to subsidiary protection from Ireland where she faces a real risk of suffering serious harm if she is returned to her country of origin or country of former habitual residence. ‘Serious harm’ consists of (i) death penalty or execution, or, (ii) torture or inhuman or degrading treatment or punishment of the applicant in the country of origin; or (iii) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict. The origins of the concept of subsidiary protection emerged from the need for a secondary status for those, who were in need of protection, but failed to come within the strict definition of ‘refugee’ as laid down within the 1996 Refugee Act. This article does not seek to give a detailed critique of the narrowness or vagueness of the definition of subsidiary protection within Irish and European law. This article shall first consider the current scheme of subsidiary protection application, before considering the proposed scheme under the 2007 Bill. The article will look at some of the common issues decision makers will have to consider under both instruments. The article shall then consider decisions of the European Court of Human Rights and communications to the Committee Against Torture, which may assist in determining subsidiary protection claims.
    LanguageEnglish
    Pages6-13
    JournalIrish Law Times
    Volume26
    Issue number1
    Publication statusPublished - 1 Apr 2008

    Fingerprint

    asylum seeker
    torture
    country of origin
    refugee
    Ireland
    third countries
    death penalty
    European Law
    applicant
    decision maker
    penalty
    communications
    human rights
    threat
    violence
    human being

    Keywords

    • Refugee Law
    • Ireland
    • Subsidiary Protection
    • Convention Against Torture
    • Asylum

    Cite this

    Thornton, L. (2008). Subsidiary Protection for Asylum Seekers in Ireland. 26(1), 6-13.
    Thornton, Liam. / Subsidiary Protection for Asylum Seekers in Ireland. 2008 ; Vol. 26, No. 1. pp. 6-13.
    @article{227d430da6a84e8ea3e3ee64db5f4006,
    title = "Subsidiary Protection for Asylum Seekers in Ireland",
    abstract = "A third country national is entitled to subsidiary protection from Ireland where she faces a real risk of suffering serious harm if she is returned to her country of origin or country of former habitual residence. ‘Serious harm’ consists of (i) death penalty or execution, or, (ii) torture or inhuman or degrading treatment or punishment of the applicant in the country of origin; or (iii) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict. The origins of the concept of subsidiary protection emerged from the need for a secondary status for those, who were in need of protection, but failed to come within the strict definition of ‘refugee’ as laid down within the 1996 Refugee Act. This article does not seek to give a detailed critique of the narrowness or vagueness of the definition of subsidiary protection within Irish and European law. This article shall first consider the current scheme of subsidiary protection application, before considering the proposed scheme under the 2007 Bill. The article will look at some of the common issues decision makers will have to consider under both instruments. The article shall then consider decisions of the European Court of Human Rights and communications to the Committee Against Torture, which may assist in determining subsidiary protection claims.",
    keywords = "Refugee Law, Ireland, Subsidiary Protection, Convention Against Torture, Asylum",
    author = "Liam Thornton",
    year = "2008",
    month = "4",
    day = "1",
    language = "English",
    volume = "26",
    pages = "6--13",
    number = "1",

    }

    Thornton, L 2008, 'Subsidiary Protection for Asylum Seekers in Ireland', vol. 26, no. 1, pp. 6-13.

    Subsidiary Protection for Asylum Seekers in Ireland. / Thornton, Liam.

    Vol. 26, No. 1, 01.04.2008, p. 6-13.

    Research output: Contribution to journalArticle

    TY - JOUR

    T1 - Subsidiary Protection for Asylum Seekers in Ireland

    AU - Thornton, Liam

    PY - 2008/4/1

    Y1 - 2008/4/1

    N2 - A third country national is entitled to subsidiary protection from Ireland where she faces a real risk of suffering serious harm if she is returned to her country of origin or country of former habitual residence. ‘Serious harm’ consists of (i) death penalty or execution, or, (ii) torture or inhuman or degrading treatment or punishment of the applicant in the country of origin; or (iii) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict. The origins of the concept of subsidiary protection emerged from the need for a secondary status for those, who were in need of protection, but failed to come within the strict definition of ‘refugee’ as laid down within the 1996 Refugee Act. This article does not seek to give a detailed critique of the narrowness or vagueness of the definition of subsidiary protection within Irish and European law. This article shall first consider the current scheme of subsidiary protection application, before considering the proposed scheme under the 2007 Bill. The article will look at some of the common issues decision makers will have to consider under both instruments. The article shall then consider decisions of the European Court of Human Rights and communications to the Committee Against Torture, which may assist in determining subsidiary protection claims.

    AB - A third country national is entitled to subsidiary protection from Ireland where she faces a real risk of suffering serious harm if she is returned to her country of origin or country of former habitual residence. ‘Serious harm’ consists of (i) death penalty or execution, or, (ii) torture or inhuman or degrading treatment or punishment of the applicant in the country of origin; or (iii) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict. The origins of the concept of subsidiary protection emerged from the need for a secondary status for those, who were in need of protection, but failed to come within the strict definition of ‘refugee’ as laid down within the 1996 Refugee Act. This article does not seek to give a detailed critique of the narrowness or vagueness of the definition of subsidiary protection within Irish and European law. This article shall first consider the current scheme of subsidiary protection application, before considering the proposed scheme under the 2007 Bill. The article will look at some of the common issues decision makers will have to consider under both instruments. The article shall then consider decisions of the European Court of Human Rights and communications to the Committee Against Torture, which may assist in determining subsidiary protection claims.

    KW - Refugee Law

    KW - Ireland

    KW - Subsidiary Protection

    KW - Convention Against Torture

    KW - Asylum

    M3 - Article

    VL - 26

    SP - 6

    EP - 13

    IS - 1

    ER -

    Thornton L. Subsidiary Protection for Asylum Seekers in Ireland. 2008 Apr 1;26(1):6-13.