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30/05/2022
CZ: The Supreme Administrative Court accepted an appeal lodged by a Ukrainian family and held that the case should be re-considered in light of the war in Ukraine.

ECLI
Input Provided By
EUAA Networks
Source
Nssoud.cz
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Directive 2001/55/EC on minimum standards for giving temporary protection.; European Convention on Human Rights;
Reference
Czech Republic, Supreme Administrative Court [Nejvyšší správní soud], I.B, D.B, D.N, and M.N v Ministry of the Interior, 2 Azs 287 /20 21 - 57, 30 May 2022. 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=2771
Case history
Related cases:
Abstract

A family from Ukraine applied for international protection on 12 December 2016. The mother of the family stated they are from the Ukrainian region of Dnepropetrovsk, where the security situation is poor, vehicles with passengers are shelled, and explosions occur. The family claimed to be persecuted there as the father is thought to be a Russian subversive and separatist. Two members of the family also claimed that they had received summons from Ukrainian state authorities, against whom the father is charged with membership of a separatist group, although the father denied this. The father alleged that when he travelled to Russia for work, he was subjected to interrogations, searches, and threats at the Russian-Ukraine border.

The request for international protection was rejected as the applicants provided no evidence and the court determined that the applicants are not in danger in the territory of Ukraine. The applicants filed an appeal against the court’s decision which the Municipal Court of Prague dismissed. The applicants filed a cassation complaint against the Municipal Court of Prague since they did not agree with the contested decision.

The Supreme Administrative Court interpreted the cassation complaint to be justified and overturned the Regional Court’s ruling of 24 September 2021. The Supreme Administrative Court ruled it was important to consider that, since the Regional Court’s decision, the Russian Federation’s attack on Ukraine in 2022, had altered the security situation in Ukraine. The provisions of Articles 2 and 3 of the European Convention on Human Rights as well as the principle of non-refoulement were also taken into consideration in the ruling. The judgment of the Regional Court was overturned, and the matter was returned to the court for further proceedings.

The Supreme Administrative Court further ruled that it may not be necessary to refer the applicants 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 assumed that it will apply to the applicant, who arrived on the territory long before 24 February 2022. The Supreme Administrative Court concluded the Regional Court would have to reassess the applicants’ request in light of the new facts.

 

Country of Decision
Czech Republic
Court Name
CZ: Supreme Administrative Court [Nejvyšší správní soud]
Case Number
2 Azs 287 /20 21 - 57
Date of Decision
30/05/2022
Country of Origin
Ukraine
Keywords
Non-refoulement
Temporary protection
Torture or inhuman or degrading treatment or punishment
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