Press Release: Judgment in Case C-369/17. Shajin Ahmed v Bevándorlási és Menekültügyi Hivatal

A person cannot be excluded from eligibility for subsidiary protection if he is deemed to have ‘committed a serious crime’ on the basis of the sole criterion of the penalty provided for under the law of the Member State concerned.

The authority or national court ruling on the application for subsidiary protection must assess the seriousness of the crime by carrying out a full investigation into the circumstances of the individual case in question.