Anyone who is unable to demonstrate a claim for asylum but who would face a serious risk to life or person arising from( subject to exclusion grounds):
- The death penalty
- Unlawful killing
- Torture, inhuman or degrading treatment or punishment
For more information check the Home Office wibsite ...Link
UNHCR: Humanitarian Protection and Discretionary LeaveLink
Asylum Support: Restrictions and the ending of Exceptional Leave to Remain ,Link
Subsidiary protection
The Directive 2004/83/EC adopted by the Council in April 2004 on a proposal from the European Commission encompasses the situation of persons whose need of international protection can only be met by the attribution of subsidiary protection.
The 1951 United NationsGeneva Convention on the Status of Refugees does not cover all aspects and situations faced by asylum-seekers. It is for this reason that some Member States provide subsidiary or complementary protection to certain asylum-seekers.
Article 63 of the Treaty establishing the European Community requires the EU Council of Ministers to adopt minimum standards for granting temporary protection to displaced persons from third countries who cannot return to their country of origin and for persons who otherwise need international protection.
Therefore, when the European Commission tabled in September 2001 a proposal for a directive laying down minimum standards for the qualification and status of third-country nationals and stateless persons as refugeesor persons who otherwise need international protection, with a view to covering also subsidiary protection.This proposal lead to the adoption of the 2004/83/EC Directive.
The subsidiary protection measures contained in the Directive are considered complementary to the protection regime enshrined in the Geneva Convention and its 1967 protocol and are to be implemented in such a manner that they do not undermine but instead complement the existing refugee protection regime.
The definition of subsidiary protection employed in the Directive is based largely on international human rights instruments relevant to subsidiary protection. The most pertinent of them being Article 3 of the European Convention on Human Rights and Fundamental Freedoms (ECHR), Article 3 of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment, and Article 7 of the International Covenant on Civil and Political Rights.
Though no specific EU acquis on the issue of subsidiary protection existed, the ECHR and the case-law of the European Court on Human Rights provided for a legally binding framework, informing the Commissions legislative work on this issue. Partly in response to the case-law of the European Court of Human Rights and general principles of international humanitarian law, Member States have developed schemes of subsidiary or complementary protection. The Directive has drawn from the disparate Member State systems and has attempted to adopt and adapt the best ones.
Rather then creating new ratione personae protection obligations incumbent on Member States, the Directive clarifies and codifies existing international and Community obligations and practice.
The Directive also includes provisions on the minimum rights and benefits to be enjoyed by the beneficiaries of both refugee and subsidiary protection status. In the main, the rights and benefits attached to both international protection statuses are the same.
However, in recognition of the primacy of the Refugee Convention and of the fact that the need for subsidiary protection in principle is more temporary, entitlement to some important rights and benefits, such as the access to work and integration programmes, and the granting of a multiannual residence permit is incremental for beneficiaries of subsidiary protection.
Rules recently amended
352FA. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a person who has been granted humanitarian protection in the United Kingdom on or after 30 August 2005 are that:
(i) the applicant is married to or the civil partner of a person granted humanitarian protection on or after 30 August 2005; and
(ii) the marriage or civil partnership did not take place after the person granted humanitarian protection left the country of his former habitual residence in order to seek asylum in the UK; and
(iii) the applicant would not be excluded from a grant of humanitarian protection for any of the reasons in paragraph 339D; and
(iv) each of the parties intend to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(v) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
