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16/11/2021
CZ: The Regional Court of Brno considered that the applicant should receive humanitarian protection due to the situation in Venezuela and referred the case for further assessment.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Czech Republic, Regional Court [Krajský soud], Applicant v Ministry of the Interior of the Czech Republic, Asylum and Migration Policy Department, 41 Az 62/2020-121, 16 November 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2233
Case history
Other information
Abstract

The applicant is a national of Venezuela who was denied international protection and appealed the decision on grounds that the Asylum and Migration Policy Department did not correctly assess the situation in Venezuela and that there was a humanitarian crisis in the country. The applicant argued that in Venezuela she would not have the right to a dignified life and basic human needs nor the right to subsistence because of the degrading and inhumane situation that the government is creating through economic devastation, social crisis and lack of freedom. The applicant argued that the Asylum and Migration Policy Department did not sufficiently justify why it does not consider the situation in Venezuela to be a humanitarian crisis.


The Regional Court considered COI reports on the situation in Venezuela and noted that it has considerably worsened since the applicant left the country and it should be considered a humanitarian crisis. However, it noted that this does not constitute grounds for refugee status or subsidiary protection, as the applicant is not at risk of persecution upon return. The Court considered that reports from UNHCR and other institutions point at the seriousness of the situation in Venezuela and call from solutions different from international protection for Venezuelan citizens. Therefore, the Court considered the appeal well founded in relation to humanitarian protection and referred the case back to the Asylum and Migration Policy Department for further assessment taking into account the cited COI evidence.


Country of Decision
Czech Republic
Court Name
CZ: Regional Court [Krajský soud]
Case Number
41 Az 62/2020-121
Date of Decision
16/11/2021
Country of Origin
Venezuela
Keywords
Country of Origin Information
Humanitarian Protection/ Temporary Residence
Source
Nssoud.cz
RETURN