Refugee status, subsidiary or temporary protection: what are the differences?

The refugee status shall be granted to the following persons:

• Foreigner persecuted in his country and who cannot or will not claim the protection of this country. These must be persecutions based on race, religion, nationality, membership of a particular social group (including considerations of gender and sexual orientation, the risk of female genital mutilation) or political opinion. We are talking aboutconventional asylum with reference to the Geneva Convention of 28 July 1951.
• Foreigner persecuted in his country because of his work for freedom. They may be, for example, political activists or trade unionists, journalists, artists or intellectuals threatened for their commitment to democracy in their country. We're talking aboutconstitutional asylum.
• Foreigner who has obtained protection from the United Nations High Commissioner for Human Rights in his country, but can no longer remain there.

The subsidiary protection is the other form of protection.

It is awarded to a foreigner who does not meet the conditions for refugee status and who proves that he is exposed in his country to one of the following risks:

• Death penalty or execution
• Torture or inhuman or degrading treatment or punishment
• Serious and individual threat to his life or person as a result of violence that may extend to persons regardless of their personal situation and resulting from a situation of internal or international armed conflict.

The persons concerned are non-governmental foreigners.European who are fleeing massively from their country or region of origin and are unable to return. They are victims of, inter alia, armed conflict or violence, or are victims of serious and repeated human rights violations.

This exceptional and temporary arrangement is authorized by a decision of the Council of Europe (UE). The Decision defines the beneficiaries and its date of entry into force.

The device is decided for a period of 1 year and can be extended for a maximum of 2 years.

The Council of UE may at any time terminate the process if the situation in the country of origin allows for the safe and sustainable return of displaced persons.

The foreigner benefiting from temporary protection requesting asylum shall remain subject to the temporary protection scheme during the examination of his application. If, following the examination of the asylum application, the foreign national who is the beneficiary of temporary protection is not granted refugee status or subsidiary protection, he or she shall retain the benefit of such protection for as long as it remains in force.