A Russian national from Chechnya and her child applied for international protection in Finland because they feared that they would have to return to the former spouse.

The Finnish Immigration Service and the Administrative Court considered that the applicant’s father and former spouse had repeatedly violent acts against both applicants but rejected the request for international protection considering that they could be supported by relatives on the applicant’s mother’s side, living in Grozny for several years without problems.

The Supreme Administrative Court found that, according to country information on Chechnya, the situation of divorced women in the country was difficult. It was noted that as a result of divorce, they usually lost contact with their children, who were seen as their father’s property and who, as a rule, remained with their father and his side of the family. The court also highlighted that according to tradition, divorced women had to return to live with their male relatives and according to up-to-date country information, divorced women were also subjected to pressure from the authorities to return to their former spouse.

Concerning the applicant’s situation, the Supreme Administrative Court considered that the applicant’s father and former spouse had already committed long-term and serious domestic violence against both applicants and the relatives of the former spouse had also repeatedly shown interest in the whereabouts of the child. The court noted that the mere fact that the woman, by using the assistance of her uncle and other relatives, was able to avoid violent behavior by hiding, it could not be inferred that the threat they represented was decisively reduced.

The court referred to the EUAA Country of Origin Information Report: Chechnya, Women, Marriage, Divorce and Child Custody, September 2014.

Thus, the Supreme Administrative Court held that both applicants had reasonable grounds to fear being persecuted within the meaning of section 87(1) of the Aliens Act and considering the country information on the Russian Federation and Chechnya, they could not reasonably be expected to resort to an internal flight in that country.

The court annulled the decisions of the Finnish Immigration Service and the Administrative Court and the case was returned to the Finnish Immigration Service in order to provide asylum to the applicants.