The applicant, a Ukrainian national, filed a subsequent request for international protection on 3 June 2021. In his subsequent application, the applicant indicated that his mother had died, and he had nowhere to return to in Ukraine. He did not want to leave his family and had been residing in the Czech Republic with his partner and daughter, both of whom had permanent residency permits.

The Ministry of the Interior ruled that the applicant's request for international protection was inadmissible as he did not present any facts or findings that had not already been investigated in the previous proceedings that would indicate he could be subject to persecution or risk serious damage. The applicant appealed the decision before the Municipal Court of Prague, which dismissed the case and upheld the Ministry of the Interior’s decision. The applicant filed a cassation complaint against the judgment of the Regional Court and drew attention to the Russian invasion of Ukraine and the deterioration of the security situation, which he said put him at risk of suffering serious harm to his health or losing his life.

The Supreme Administrative Court interpreted the cassation complaint to be justified and overturned the Regional Court’s ruling of 20 December 2021. The Supreme Administrative Court ruled that since the Regional Court’s decision, the Russian Federation’s attack on Ukraine in 2022 had resulted in a substantial change in the security situation in Ukraine. The decision also considered the provisions of Articles 2 and 3 of the European Convention on Human Rights as well as the non-refoulement principle. The case was returned to the Regional Court for additional procedures.

The Supreme Administrative Court further ruled that it was not necessary to refer the applicant to the possibility of submitting a new application for recognition of international protection or to use temporary protection under Act No. 65/2022, the national law implementing the EU Temporary Protection Directive, as it cannot be presumed that it will apply, as the applicant arrived in the Czech Republic long before the war started on 24 February 2022. The Supreme Administrative Court concluded the Regional Court would have to reassess the applicants’ request in light of the new facts.