According to the summary provided by the EUAA Courts and Tribunals Network:

"The applicant, an Algerian national with Berber origins, applied for international protection in the Czech Republic. However, the Ministry rejected his application arguing (among other things) that the applicant could not be granted asylum on the grounds that Algeria is considered a safe country of origin according to Ordinance No. 328/2015 Coll., and at the same time, the applicant did not prove the contrary in his case.

The applicant filed an action against the Ministry’s decision. However, the Regional Court in Brno rejected the action.

Subsequently, the applicant filed a cassation complaint to the Supreme Administrative Court (“the Court”) against the regional court’s judgment. The Court revoked the challenged judgment and preceding ministerial decision arguing that the concept of a safe country needs to be assessed case by case and needs to include relevant and current information as stated in the Procedural Directive.

The Court pointed out that the Ministry can refuse to grant international protection. However, the refusal has to be kept in line with the requirements stated in art. 37(2) of the recast Asylum Procedures Directive, i.e., the Ministry has to regularly review the situation in third countries designated as safe countries of origin. Therefore the Ministry is to review the country’s safety at least once a year, monitor the situation in the safe country of origin, and consider re-evaluating the country’s safety if urgent or sudden significant change in the country’s situation arise.

The Court further explained that the Ministry could also refuse to grant international protection if the safe country of origin assessment was based on criteria in art. 37(3) of the recast Asylum Procedures Directive. However, if information from other Member States, EUAA, UNHCR, the Council of Europe, and other relevant international organisations suggest that a particular country is not safe or might not be safe, in that case, the Ministry has to thoroughly explain its decision to designate the country in question as a safe country. Furthermore, the applicant can be refused international protection if the country of origin was designated as safe based on information which fulfil criteria under Annex I of the recast Asylum Procedures Directive."