Definitions and types of subsidiary protection
Subsidiary protection applies in cases in which the law on asylum does not apply, but there are nonetheless grave risks to an individual’s liberty, life or limb, such as from political persecution.
The term "subsidiary" means "temporary". "Subsidiary law" applies if neither the right to asylum nor refugee protection can be granted, but grave dangers nonetheless exist for liberty, life or limb. These may also be dangers derived from the threat of political persecution. Only those dangers are taken into account to which the applicant would be exposed in the country to which he/she is to be deported (so-called "destination country-related deportation bans"). The Federal Office automatically checks whether subsidiary protection is to be granted after an asylum application has been filed. Subsidiary protection is then granted if a deportation ban applies.
Differences between protection under European and national law
It is necessary to distinguish between subsidiary protection under European and national law. Subsidiary protection under European law includes bans on deportation emerging from Art. 15 of the Qualification Directive. The distinction between "European law" and "national law" is necessary because both forms of protection entail different legal consequences. Since the forms of protection under European law entail further rights, they have to be examined before national protection.
If a foreigner claims bans on deportation related to the destination state without filing or having previously filed an asylum application, the immigration authority is competent for this decision. It however only decides after previously involving the Federal Office.
