France - Council of State, 18 December 2008, Ofpra vs. Ms. A., n°283245
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What was at stake
EDAL summary. The principle of family unity, which is a general principle of refugee law resulting in particular from the 1951 Refugee Convention, is not applicable to persons falling within the scheme of subsidiar...
What the court decided
The Council of State held that the principle of family unity, a general principle of refugee law derived from the 1951 Refugee Convention, is not applicable to persons seeking or falling within the scheme of subsidiary protection. Therefore, a person cannot be granted subsidiary protection solely on the basis of family unity with a spouse who has been granted such protection.
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Authoritative link
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