The case concerned the appeal against the negative decision on a request for temporary protection submitted by an national of Eritrea. The tribunal also rejected the appeal against the negative decision on temporary protection and against the return order.

The Administrative Tribunal rejected the appeal after having assessed whether the applicant met the cumulative requirements of permanent or temporary residence in Ukraine and the inability to safely and durably return to the country of origin. For the first condition, the tribunal noted that the applicant alleged to be resident in Ukraine for studies for the period 1 November 2019 – 30 July 2023, but when the authorities checked the documents submitted by the applicant, they found that the applicant’s passport had stamps with last exit from Ukraine in September 2021 and did not contain any entry stamp for 2022. The tribunal noted that the police authorities found that the applicant has falsified some a stamp to give the impression that he left Ukraine due to the war. Therefore, the tribunal considered that the applicant failed to prove a residence and presence in Ukraine on 24 February 2022, thus since the first requirement was not met it was not necessary to assess whether the return can be safe and durable.

On the appeal against the return order, the tribunal found no proof of risk of treatment contrary to Article 3 of the ECHR.