COMMON ANALYSIS
Last update: October 2026
This chapter addresses the EU-regulated status of subsidiary protection. Where the applicant has not been found to qualify as a refugee, they may be eligible for subsidiary protection in accordance with Article 15 QR.
The CJEU ruled in 2023 on the importance of the personal circumstances when determining if an applicant is eligible for subsidiary protection, before identifying the type of serious harm, notably (17):
‘Article 15 of Directive 2011/95/EU […] must be interpreted as meaning that in order to determine whether an applicant for international protection is eligible for subsidiary protection, the competent national authority must examine all the relevant factors, relating both to the individual position and personal circumstances of the applicant and to the general situation in the country of origin, before identifying the type of serious harm that those factors may potentially substantiate.’
Therefore, where refugee status is not granted, 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 Article 15 QR.
For further information on the individual position and personal circumstances of the applicant which may be relevant to consider in the assessment of a real risk of serious harm under Article 15 QR, see relevant sections below.
- 17
CJEU, judgment of 9 November 2023, X and Y v Staatssecretaris van Veiligheid en Justitie, C-125/22, Fourth Chamber, operative part (Court’s ruling). Summary available in the EUAA Case Law Database.