MP v Secretary of State for the Home Department

European Union – Immigration. Articles 2(e) and 15(b) of Directive (EC) 2004/83 had to be interpreted as meaning that a third party national who in the past had been tortured by the authorities of his country of origin and no longer faced a risk of being tortured if returned to that country, but whose physical and psychological health could, if so returned, seriously deteriorate, was eligible for subsidiary protection if there was a real risk of him being intentionally deprived, in his country of origin, of appropriate care for the physical and mental after-effects of that torture, that being a matter for the national court to determine. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the UK Secretary of State for the Home Department's decision to reject the Sri Lankan applicant's asylum application.

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