“…The Luxembourg Court considered article 15 of the Qualification Directive in Elgafaji v Staatssecretaris van Justitie [2009] 1 WLR 2100 and in particular whether article 15(c) provided protection beyond that afforded by article 3 of the Convention. The answer was yes, but in passing it confirme…”
“…c) – for short, “indiscriminate violence from armed conflict” – is expounded in the decision of the CJEU in Elgafaji v Staatssecretaris van Justitie (C-465/07) [2009] 1 WLR 2100.…”
“…n CG at [35], the starting point in considering a claim for humanitarian protection under Article 15(c) is the decision of the ECJ in Elgafaji (Case C-465/07), [2009] 1 WLR 2100. After reviewing the three types of ‘serious harm’ defined in Article 15, the judgment of the ECJ in Elgafaji continued:…”
“…27 The Luxembourg Court considered article 15 of the Qualification Directive in Elgafaji v Staatssecretaris van Justitie [2009] 1 WLR 2100 and in particular whether article 15(c) provided protection beyond that afforded by article 3 of the Convention. The answer was yes, but in passing it confirme…”