Resources on Complementary Protection
Case law:
- Summary of complementary protection decisions by the Australian Refugee Review Tribunal
- Summary of Australian judgments relevant to complementary protection
- Summary of complementary protection decisions by the New Zealand Immigration and Protection Tribunal
- Decisions of the European Court of Human Rights
- Immigration and Refugee Board of Canada, Consolidated Grounds in the Immigration and Refugee Protection Act: Danger of Torture (May 2002)
- Immigration and Refugee Board of Canada , Consolidated Grounds in the Immigration and Refugee Protection Act: Risk to Life or Risk of Cruel and Unusual Treatment or Punishment (May 2002)
- UNHCR Manual on Refugee Protection and the ECHR (2006)
- Interights Manual on Prohibition of Torture and Inhuman or Degrading Treatment or Punishment under the European Convention on Human Rights (2009)
- Centre for Justice and International Law, Torture in International Law: A Guide to Jurisprudence
- Liam Thornton (ed), Subsidiary Protection: Case Law Project (Centre for Criminal Justice and Human Rights, University College Cork, 2007)
Legislation:
European Union:
- Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on Standards for the Qualification of Third-Country Nationals or Stateless Persons as Beneficiaries of International Protection, for a Uniform Status for Refugees or for Persons Eligible for Subsidiary Protection, and for the Content of the Protection Granted (Recast), OJ 2011 No. L 337/9 (esp arts 2(f) and 15)
- Original Directive: Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (esp arts 2(e), 15) (HTML / PDF)
- For a document explaining the differences between the original and recast versions of the Qualification Directive, see here
Canada:
- Immigration and Refugee Protection Act (esp. s 97)
United States:
- Code of Federal Regulations (esp. 8 CFR §§208.16, 208.17)
Australia:
New Zealand:
- Immigration Act 2009 (esp. ss 130, 131)
UN General Comments:
- UN Human Rights Committee, ‘General Comment 20: Replaces General Comment 7 concerning Torture or Cruel, Inhuman or Degrading Treatment or Punishment (Art 7)’ (10 March 1992)
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UN Human Rights Committee, ‘General Comment 31 [80] on Article 2 of the Covenant: The Nature of the General Legal Obligation Imposed on States Parties to the Covenant’ CCPR/C/21/Rev.1/Add.13 (26 May 2004)
- UN Human Rights Committee, ‘General Comment 15: The Position of Aliens under the Covenant’ (11 April 1986)
- Committee against Torture, ‘General Comment 1: Refoulement and Communications (Implementation of Article 3 in the context of Article 22)’ (21 November 1997)
- For a collection of international case law, General Comments, Concluding Observations, see Bayefsky.com
Commentary on the Australian Bill/Act:
- Complementary Protection Training Manual for the RRT
- Parliamentary Library, Bills Digest No. 79, 2010-11: Migration Amendment (Complementary Protection) Bill 2011
- Elibritt Karlsen, Complementary protection for asylum seekers—overview of the international and Australian legal frameworks, Research Paper (Parliament of Australia, 2009)
- Explanatory Memorandum (HTML / PDF)
- Senate Legal and Constitutional Affairs Committee, Migration Amendment (Complementary Protection) Bill 2009 (Cth of Australia, Canberra, 2009)
- Submissions made to the Senate Legal and Constitutional Affairs Committee on the Bill
- Senate Legal and Constitutional Affairs Committee, Administration and Operation of the Migration Act 1958 (Cth of Australia, Canberra, 2006)
- Senate Select Committee on Ministerial Discretion in Migration Matters, Report (Cth of Australia, Canberra, 2004)
- Senate Legal and Constitutional References Committee, A Sanctuary under Review: An Examination of Australia’s Refugee and Humanitarian Determination Processes (Cth of Australia, Canberra, 2000)
Books and reports:
- Jane McAdam, Examining Flight from Generalized Violence in Situations of Conflict: An Annotated Bibliography on Article 15(c) of the EU Qualification Directive
- Jane McAdam, Complementary Protection in International Refugee Law (OUP, Oxford, 2007)
- Ruma Mandal, ‘Protection Mechanisms outside of the 1951 Convention (“Complementary Protection”)’ UNHCR Legal and Protection Policy Research Series, PPLA/2005/02 (June 2005)
- Reports of the International Association of Refugee Law Judges on complementary protection: 2006 (Pt I, II(A), II(B), III), 2008
Articles:
- List of articles by Jane McAdam on complementary protection





