A person eligible for subsidiary protection means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.

In accordance with Article 15 Qualification Directive (2011/95/EU), serious harm consists of:

(a)     the death penalty or execution; or

(b)     torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or

(c)     serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

Under certain circumstances, third country nationals or stateless persons are excluded from being eligible for subsidiary protection, in accordance with Article 17 Qualification Directive (2011/95/EU). This applies, among others, to persons who have committed serious crimes, crimes against peace, crimes against humanity, or war crimes, or who constitute a danger to the community or to the security of the Member State in which the person is present.

Qualification Directive (2011/95/EU), Article 2 (f), Articles 15 and 17