Qualification For Subsidiary Protection

CHAPTER V QUALIFICATION FOR SUBSIDIARY PROTECTION Article 15 Serious harm Serious harm consists of: (a) the death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of inter- national or internal armed conflict. A Compact-compliant interpretation of the EUQD [61]. Mechanisms for the fair and efficient determination of in- dividual international protection claims provide an opportunity for States to duly determine the status of those on their territory in accordance with their applicable international and region- al obligations (A/RES/72/150, para 51), in a way which avoids protection gaps and enables all those in need of international protection to find and enjoy it. 27 In the context of large refugee movements, group-based protection (such as prima facie recognition of refugee status) can assist addressing international protection needs, where considered appropriate by the State. [g)] Develop or build on existing national and regional practices for admission and stay of appropriate duration based on compassionate, humanitarian or other considerations for migrants compelled to leave their countries of origin, due to sudden-onset natural disasters and other precarious situations, such as by providing humanitarian visas, private sponsorships, access to education for children, and temporary work permits, while adaptation in or return to their country of origin is not possible The Asylum Procedures Directive - Segmentation / Fragmentation of the Asylum Procedure - Varying procedural safeguards - Avoiding protection gaps (Para 61 GCR) An Inclusive & Participatory Process  Greater role for the individual applicant  Recognition of UNHCR's mandate & multi-stakeholder approach (GCR & GCM)  Inclusion of refugee-led representatives / faith-based actors / additional civil society actors in the procedure (applicants' choice!) Detention EURCD Article 8 Detention [1]. Member States shall not hold a person in detention for the sole reason that he or she is an applicant in accordance with Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection. EUAPD Article 26 Detention [1]. Member States shall not hold a person in detention for the sole reason that he or she is an applicant. The grounds for and conditions of detention and the guarantees available detained applicants shall be in accordance with Directive 2013/33/EU. Dublin III Article 28 Detention [1]. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. Return Directive Article 15 Detention [1]. Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when: Detention in the Global Compact for Refugees [60]. In support of concerned countries, States and relevant stakeholders will contribute resources and expertise for the establishment of mechanisms for identification, screening and referral of those with specific needs to appropriate and accessible processes and procedures. Multi-stakeholder response teams could be established to facilitate this operationally. 24 This will include the identification and referral of children, including unaccompanied and separated children, to best interests assessment and/or determination, together with appropriate care arrangements or other services.25 Identification and referral of victims of trafficking in persons and other forms of exploitation to appropriate processes and procedures, including for identification of international protection needs or victim support, is key; 26 as is identification and referral of stateless persons and those at risk of statelessness, including to statelessness determination procedures. The development of non- custodial and community-based alternatives to detention, particularly for children, will also be supported. [54]. When large numbers of refugees arrive, countries and communities go to great lengths to scale up arrangements to receive them. In support of government strategies to man arrivals, UNHCR, States, and relevant stakeholders will contribute resources and expertise to strengthen national capacities for reception, including for the establishment of reception and transit areas sensitive to age, gender, disability, and other specific needs (through "s spaces" where appropriate), as well as to provide basic humanitarian assistance and essential services in reception areas. Efficient mechanisms to pursue alternatives to camps away from borders will be supported, where considered relevant by the concerned host country. Detention in the Global Compact for Migration OBJECTIVE 13: Use immigration detention only as a measure of last resort and work towards alternatives [29]. We commit to ensure that any detention in the context of international migration follows due process, is non-arbitrary, based on law, necessity, proportionality and individual assessments, is carried out by authorized officials, and for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. We further commit to prioritize non- custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as measure of last resort only. Detention Grounds in the EURCD [3]. An applicant may be detained only: a) In order to determine or verify his or her identity or nationality; b) In order to determine those elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant; c) In order to decide, in the context of a procedure, on the applicant's right to enter the territory; d) When he or she is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying thirdcountry nationals (9), in order to prepare the return and/or carry out the removal process, and the Member State concerned can substantiate on the basis of objective criteria, including that he or she already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision; e) When protection of national security or public order so requires; f) In accordance with Article 28 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a thirdcountry national or a stateless person (10). Detention Grounds in the EURCD: Proportionality [(b)] in order to determine those elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant;  Legitimate aim (YES)  Suitable (NO)  Necessary (NO) A Human Rights and Rule of Law-compliant Common European Asylum System 1. Compacts provide guidance on the content of existing human rights obligations. 2. Can guide interpretation and operationalization 3. Handbook a tool for practitioners and policy makers to challenge and reform the CEAS