ISSUE 4 DECEMBER 2006 The Researcher Published by The Refugee Documentation Centre
[email protected] Welcome to the fourth issue Subsidiary Protection under Convention definition of a refugee. The of The Researcher. Irish law subsidiary protection measures contained in the Qualification Directive are stated to DC be “complementary and additional to the There has been a lot of change in recent refugee protection enshrined in the Geneva months with the publication of the Scheme Patricia Brazil LLB, Convention”. for an Immigration, Residence and Protection MLitt, Barrister-at-Law, Bill, the coming into force of Subsidiary Lecturer in Law Trinity Regulation 2(1) of SI 518 of 2006 provides Protection and the making available by the College Dublin that a person eligible for subsidiary Refugee Appeals Tribunal of previous protection means a person (a) who is not a Decisions. national of a member state, (b) who does Introduction not qualify as a refugee, (c) in respect of This issue focuses on Subsidiary Protection. th We are particularly grateful to Patricia Brazil, On 10 October 2006, the European whom substantial grounds have been Barrister-at-Law and Lecturer in Law at Communities (Eligibility for Protection) shown for believing that the person Trinity College Dublin for her article, Regulations 2006 (SI 518 of 2006) came concerned, if returned to his or her country ‘Subsidiary Protection Under Irish Law’ and into force in Ireland. These Regulations are of origin, would face a real risk of to Maria Maguire, Solicitor in Galway RLS intended to give effect in Irish law to the suffering serious harm, (d) to whom the for her contribution to our understanding of European Union Directive on Minimum exclusion clause in Article 13 does not the same legislation, ‘A Positive Obligation Standards for the Qualification and Status apply, and (e) is unable, or owing to such to Protect’.