ABCD, a national of Colombia from the province of Cundinamarca, requested international protection in Slovakia, arguing that he was the victim of persecution as he refused to pay a tax to a paramilitary group, which was seen as the expression of a political opinion. He further argued that he belonged to a particular social group of parents who wanted to save their children from indiscriminate violence.

On 5 March 2025, the Migration Office rejected the request for international protection.

The Administrative Court in Košice overturned the decision of Migration Office in relation to the request for subsidiary protection and returned the case for reconsideration. The court held that the authorities must assess thoroughly the circumstances relating to the described attempt to recruit the applicant's son in the FARC group and assess whether this incident constitutes a ground for asylum under Section 8 of the Asylum Act and subsequently decide whether the applicant meets the relevant requirements for granting asylum. The court highlighted that the authorities must use up-to-date information about the country of origin of the claimant and hear the applicant again.

The court also considered that assessing the criterion of the number of victims in the province of Cundinamarca as an isolated criterion to reach a conclusion on the (non)existence of an internal conflict in this province is insufficient from the point of view of the correct application of Section 2(f) point 3 of the Asylum Act. It noted that the Migration Office should have correctly assessed all the relevant circumstances characterising the situation of the country of origin of the applicant for subsidiary protection, when assessing the existence of an internal armed conflict in the province of Cundinamarca. Furthermore, if there was an internal armed conflict in the province of Cundinamarca, it was necessary to assess the extent to which the applicant might be exposed to indiscriminate violence in that province.

The court also added that only if it is concluded that the internal armed conflict in the province of Cundinamarca posed a serious and individual risk to the life or integrity of the applicant due to indiscriminate violence, should the authorities consider the possibility of internal displacement of the applicant and in that case, it would be necessary to specifically indicate (and at the same time detail) in the contested decision those territories of the country of origin in which the applicant would be protected from the risks in question arising from the internal armed conflict.