European Court of Justice Rules Torture Victims May Be Eligible for Subsidiary Protection (April 24, 2018) [1]
On April 24, 2018, the Grand Chamber of the Court of Justice of the European Union ruled [3] in MP v. Secretary of State for the Home Department that individuals tortured in their country of origin are eligible for “subsidiary protection” if there is a real risk of inadequate physical and psychological care upon their return to that state. According to the press release [4], the Court found that under EU law, the fact that an individual who had been previously tortured by his country of origin, but would no longer be at risk of torture if returned, is not sufficient for receiving subsidiary protection. The Court also held that while the Charter of Fundamental Rights of the European Union precludes states from expelling non-EU nationals when doing so would “result in significant and permanent deterioration of that person’s mental health disorders,” substantial aggravation of health if returned is not by itself sufficient to be deemed inhuman and degrading treatment. The Court therefore found “that a risk of deterioration in the health of a non-EU national is not sufficient to warrant that person being granted subsidiary protection, unless that third country national would face a real risk of being intentionally deprived of health care.”