The lack of appropriate psychological care in the country of origin of a person who was tortured there in the past is not sufficient to allow that person to claim subsidiary protection in an EU member state.
However, the member state in question has the discretionary power to authorise the person’s stay for humanitarian reasons.
These were the conclusions reached by Advocate General Yves Bot on Tuesday 24 October in Case C -353/16, in which the European Court of Justice was asked by the...