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05/05/2026

SK: The Administrative Court in Bratislava upheld both the Ministry’s refusal to grant refugee status to a Russian applicant who is a member of Hizb ut-Tahrir and his exclusion from subsidiary protection for posing a danger to national security, despite the risk of inhuman or degrading treatment in Russia. The court recalled national jurisprudence establishing that asylum, as protection from persecution for political opinion, cannot be granted to applicants who openly promote ideology contrary to the fundamental values of a democratic society. The court also stated that criminal prosecution in the country of origin for participation in Hizb ut-Tahrir could not be regarded as persecution.

05/05/2026

SK: The Administrative Court in Bratislava upheld both the Ministry’s refusal to grant refugee status to a Russian applicant who is a member of Hizb ut-Tahrir and his exclusion from subsidiary protection for posing a danger to national security, despite the risk of inhuman or degrading treatment in Russia. The court recalled national jurisprudence establishing that asylum, as protection from persecution for political opinion, cannot be granted to applicants who openly promote ideology contrary to the fundamental values of a democratic society. The court also stated that criminal prosecution in the country of origin for participation in Hizb ut-Tahrir could not be regarded as persecution.

ECLI
ECLI:SK:SpSBA:2026:0726100206.1
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)
Reference
Slovakia, Administrative Court in Bratislava [Správny súd v Bratislave], A. B. v Ministry of the Interior‚ Migration Office‚ Slovakia (Ministerstvo vnútra‚ Migračný úrad‚ Slovenskej republiky), 18SaZ/2/2026, ECLI:SK:SpSBA:2026:0726100206.1, 05 May 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=6131
Case history
Other information
Abstract

A. B., a national of the Russian Federation of Tatar ethnicity and Muslim faith, applied for international protection in Slovakia. The applicant claimed fear of persecution because of his membership in Hizb ut-Tahrir since 2016, an organization prohibited in Russia, and because of his religion and ethnicity. The Ministry of the Interior (the Ministry) refused to grant the applicant international protection. The Administrative Court in Bratislava annulled the decision and ordered the Ministry to reassess the nature of Hizb ut-Tahrir and the applicant's activities. Upon request from the Ministry, the Slovak Information Service issued an intelligence assessment identifying the applicant as a security risk related to political, religious and violent extremism and a harmful sectarian group.


By decision of 17 December 2025, the Ministry again refused to grant the applicant international protection. The Ministry decided that the applicant did not qualify for refugee status because of lack of a well-founded fear of persecution. The Ministry also decided that the applicant is at risk of facing serious harm in the form of inhuman or degrading treatment in relation to his potential imprisonment in Russia, pointing to the inadequate and often inhuman conditions in Russian prisons, including systemic violence, insufficient healthcare and deteriorating control mechanisms after Russia's withdrawal from a relevant international treaty. The applicant would therefore ordinarily qualify for subsidiary protection, but he was excluded due to serious reasons for considering that he constitutes a danger to the security of Slovakia, pursuant to Section 13c(2)(d) of the Act on Asylum. The applicant challenged the Ministry's decision before the Administrative Court in Bratislava.


By judgment of 5 May 2026, the Administrative Court in Bratislava upheld the Ministry's decision. The court held that sufficient information about Hizb ut-Tahrir had been obtained and properly assessed, including its classification as an international terrorist organization by the Global Network on Extremism and Technology (GNET), and its prohibition in different countries including Germany and the United Kingdom. Based on this information, the court held that the organization openly promotes an ideology contrary to the fundamental values of a democratic society, and noted that the applicant expressly confirmed his membership, remained in contact with other members, and did not distance himself from its ideology or activities. The court also referred to the judgment of the Supreme Administrative Court (6Sak/2/2024), which held that asylum, as protection from persecution for political opinion, cannot be granted to applicants who openly promote ideology contrary to the fundamental values of a democratic society.


The Administrative Court in Bratislava held that possible criminal prosecution of the applicant in Russia for his participation in Hizb ut-Tahrir could not be regarded as persecution, and found no evidence of individual persecution based on the applicant's Muslim faith or Tatar ethnicity. The court also agreed that there are objective reasons to consider that the applicant posed a danger to national security and therefore should be excluded from subsidiary protection.


In conclusion, the Administrative Court in Bratislava upheld the Ministry's refusal to grant refugee status to the applicant, as well as the applicant's exclusion from subsidiary protection for posing a danger to national security as a member of Hizb ut-Tahrir.


Country of Decision
Slovakia
Court Name
SK: Administrative Court in Bratislava [Správny súd v Bratislave]
Case Number
18SaZ/2/2026
Date of Decision
05/05/2026
Country of Origin
Russia
Keywords
Assessment of evidence/assessment of documents
Danger to the national security or the community
Exclusion
Refugee status/protection
Ethnicity/race
Political opinion
Religion/ Religious Groups
Subsidiary Protection
Terrorism
Torture or inhuman or degrading treatment or punishment