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28/07/2022
LT: The Supreme Administrative Court noted, in a case concerning a request for international protection due to domestic violence in Iraq, that in order to assess the availability of internal protection, the authorities must assess the consequences for a woman who requested assistance after being subjected to domestic violence.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR); Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE; Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
Lithuania, Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas], S.O.S. and H.N.O. v Migration Department of the Ministry of Interior of the Republic of Lithuania, eA-3321-789/2022, 28 July 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=2787
Case history
Other information
Abstract

A mother and her minor daughter requested asylum in Lithuania, claiming domestic violence in Iraq and the inability to seek protection from the family as it might have led to an honour crime. The Migration Department refused their asylum application, accepting that the mother would be at risk of domestic violence, but noting that she could benefit from protection afforded by her country of origin. The applicant appealed.


The Supreme Administrative Court noted the need for an individual assessment of the best interests of the child of an asylum applicant and analysed the classification of non-state actors as actors of persecution and the obligation to assess both the existence of internal protection measures and their availability for a particular applicant. The court noted the applicant's argument concerning the risk of being subjected to an honour crime if she would have sought protection from the family in the country of origin, a claim that was considered consistent with the country of origin information. The court held that in order to assess the availability of internal protection, the authorities must assess the consequences for a woman who requested assistance after being subjected to domestic violence.


Country of Decision
Lithuania
Court Name
LT: Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas]
Case Number
eA-3321-789/2022
Date of Decision
28/07/2022
Country of Origin
Iraq
Keywords
Assessment of Application
Gender based persecution
Internal protection alternative/ flight alternative
Minor / Best interests of the child
Non-state actors
Vulnerable Group