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31/03/2026
CZ: The Supreme Administrative Court dismissed the cassation complaint of an applicant for international protection from Russia, agreeing with the first-instance court that medical treatment for her health conditions is available in Russia, persecution for political opinion was unlikely in her case, and the purpose of international protection is other than protecting the right to private and family life as such.
31/03/2026
CZ: The Supreme Administrative Court dismissed the cassation complaint of an applicant for international protection from Russia, agreeing with the first-instance court that medical treatment for her health conditions is available in Russia, persecution for political opinion was unlikely in her case, and the purpose of international protection is other than protecting the right to private and family life as such.

ECLI
ECLI:CZ:NSS:2026:22.Azs.300.2025.48
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights (ECHR)
Reference
Czech Republic, Supreme Administrative Court [Nejvyšší správní soud], Applicant v Ministry of the Interior (Ministerstvo vnitra České republiky), 22 Azs 300/2025-48, ECLI:CZ:NSS:2026:22.Azs.300.2025.48, 31 March 2026. 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=5896
Case history
Other information

Judgments cited:

Council of Europe, European Court of Human Rights [ECtHR], Paposhvili v Belgium, Application no 41738/10, ECLI:CE:ECHR:2016:1213JUD004173810, 13 December 2016. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

The applicant, a national of the Russian Federation, applied for international protection in Czechia after several years of residence in the country and after her residence permit was not extended, claiming a risk of persecution due to her political opinion, the need for continued medical treatment for her health conditions, and interference with her private and family life in the event of return. By a decision of 24 February 2025, the Ministry of the Interior (the ministry) refused to grant international protection. The applicant challenged that decision before the Municipal Court in Prague, which upheld the ministry's decision. She then lodged a cassation complaint with the Supreme Administrative Court.


On 31 March 2026, the Supreme Administrative Court rejected the cassation complaint as inadmissible. The court agreed that the availability of medical treatment in Russia had been assessed correctly on the basis of country of origin information using the EUAA Medical Country of Origin Information (MedCOI) methodology. Referring to its own case law (6 Azs 98/2018-22) and the European Court of Human Rights' jurisprudence (Paposhvili v Belgium, No 41738/10, 13 December 2016), the court noted that a lower quality of healthcare in the country of origin could justify subsidiary protection only when it would amount to inhuman or degrading treatment, or it would create a real risk of a grave, rapid and irreversible deterioration in the person's health, leading to intense suffering or a significant reduction in life expectancy.


The Supreme Administrative Court also agreed with the Municipal Court that the applicant was unlikely to face persecution for political opinion, given that she had returned to Russia repeatedly without experiencing problems, she did not fall within the profile of persons typically targeted, and her online activity was not tied to her identity. The court also agreed that the purpose of international protection is protecting the person from inhuman or degrading treatment or serious harm in the country of origin, rather than protecting as such the right to private and family life under Article 8 of the European Convention on Human Rights.


In conclusion, the Supreme Administrative Court dismissed the applicant's cassation complaint as inadmissible.


Country of Decision
Czech Republic
Court Name
CZ: Supreme Administrative Court [Nejvyšší správní soud]
Case Number
22 Azs 300/2025-48
Date of Decision
31/03/2026
Country of Origin
Russia
Keywords
EUAA medCOI/Medical country of origin information
Family life/family unity
Medical condition
Political opinion
RETURN