The applicant is a Ukrainian applicant who was born in the Czech Republic to Ukrainian parents without permanent residence status. He was born with serious health problems and was not covered by the public health insurance system nor was able to get a private insurance as the request was refused. Therefore, he received expensive healthcare bills and has a debt for medical care which his parents are seeking to repay. The application for international protection was made on grounds of his health status and the applicant deems that in this case the fact that Ukraine is considered a safe country of origin does not matter as it is irrelevant to the grounds of his application. He pointed to similar case law with regards to other countries of origin which were not considered safe and in which the requests for protection were successful. The Asylum and Migration Policy Department failed to take into account the danger in discontinuing the treatment and the fact that he would not be entitled to free healthcare in Ukraine.

The Court considered that the Asylum and Migration Policy Department did not consider the grounds on which the application was made, and notes that the application cannot be rejected as manifestly unfounded, without those grounds being regarded as unfounded. Additionally, the Court agreed with the applicant that further assessment of previous case law was required in order to assess the case, as well as further details on the healthcare that would be available in Ukraine for the applicant’s specific medical conditions. The Court ruled to accept the appeal as well founded and referred the case back to the Asylum and Migration Policy Department for further assessment.