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18/03/2026
HR: The Administrative Court in Zagreb overturned the rejection of a Russian applicant’s asylum request based on his opposition to the war in Ukraine, instructing the Ministry of the Interior to reassess the military call-up sent to the applicant, his oppositional activities, and the effectiveness of the asylum systems in the transit countries, namely Georgia, Türkiye, and Bosnia and Herzegovina.
18/03/2026
HR: The Administrative Court in Zagreb overturned the rejection of a Russian applicant’s asylum request based on his opposition to the war in Ukraine, instructing the Ministry of the Interior to reassess the military call-up sent to the applicant, his oppositional activities, and the effectiveness of the asylum systems in the transit countries, namely Georgia, Türkiye, and Bosnia and Herzegovina.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=5942
Case history
Other information
Abstract

I.G., an applicant from the Russian Federation of Christian Protestant faith arrived in Croatia after transiting Georgia, Türkiye and Bosnia Herzegovina. He requested international protection on religious and political grounds, submitting that he opposed the Russian invasion of Ukraine both through online activism against the war and corruption, and due to his religious beliefs, since he is an conscientious objector. The applicant explained that he did not request international protection prior to entering Croatia since he feared his rights would not be respected in the pro-Russian Georgia.


On 25 October 2024, the Croatian Ministry of the Interior rejected his application for international protection as unfounded. The Ministry contested that the applicant, who was 34 years old when leaving Russia, had no military experience and was otherwise exempt from mobilization due to his mother's health situation, was not at risk of mobilization. The Ministry further contended that, since mobilization had ended due to a sufficient number of forces already deployed in Ukraine, the Russian Government had indicated that only persons with military experience would be called up, rendering the applicant's mobilization unlikely. Furthermore, although after leaving Russia the applicant had received a call for the army, it had been left in his mother's mailbox and thus was not personally notified and certain elements specific to draft notices were missing (date of preparation or date of delivery). The Ministry contended that this rendered them legally not valid.


The applicant appealed the negative decision before the Administrative Court in Zagreb, which overturned it and remitted it back for reconsideration. The court instructed the Ministry to determine whether the Russian authorities, despite the possible deficiencies of the call sent to the applicant, would nevertheless treat it as legally valid, as well as the possible consequences of non-compliance, which had not been properly examined by the Ministry. Secondly, the court noted that the applicant stated during the court hearing that he had in fact military training, since he had been a sailor in the Russian navy, which should also have to be verified during the examination of the asylum application. Thirdly, the court instructed the Ministry to verify the implications of the applicant being entered into the military registry in 2025, since as of 2023 calls are sent electronically, and this must also be factored in to assess the well-foundedness of the applicant's fear of persecution.


Additionally, the court noted that anti-war activism could be assessed as a political opinion due to which he could, in principle, have a well-founded fear of persecution in his country of origin, which it cannot be ruled out on the grounds that it has been conducted outside the country of origin.


Lastly the court instructed the Ministry to verify the effectiveness of the system of granting international protection for citizens of the Russian Federation in Georgia, Türkiye and Bosnia and Herzegovina.


Country of Decision
Croatia
Court Name
HR: Administrative Court [Upravni sud]
Case Number
Us I-109/2025-10
Date of Decision
18/03/2026
Country of Origin
Russia
Keywords
Appeal / Second instance determination
Assessment of Application
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription
Political opinion
RETURN