Judgment_paragraph 98 · Bashar Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Taus Magamadov (C-297/17, C-318/17, C-319/17, C-438/17)

98Under the Qualification Directive, in particular Article 13 thereof, the Member States are obliged to grant refugee status to any third-country national or stateless person who qualifies as a refugee, in accordance with Chapters II and III of that directive. In order to determine whether that is the case, the Member States must, in accordance with Article 4(3) of that directive, undertake an individual assessment of each application for international protection. Accordingly only where the Member States establish, following such an individual assessment, that an applicant for such protection does not satisfy the conditions laid down in Chapter III, but does satisfy those laid down in Chapter V, of that directive, can they grant to that applicant the status conferred by subsidiary protection instead of refugee status.