Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 1 December 2014 no IV SA/Wa 1825/14 dismissing the complaint against the decision of the Refugee Board

Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 1 December 2014 no IV SA/Wa 1825/14 dismissing the complaint against the decision of the Refugee Board
Country of Decision: Poland
Country of applicant: Ukraine
Court name: The Voivodeship Administrative Court in Warsaw
Date of decision: 01-12-2014
Citation: IV SA/Wa 1825/14
orzeczenia (0.28Mo)

Keywords:

Keywords
Internal protection
Internal armed conflict

Headnote:

The Voivodeship Administrative Court found that the conflict in Ukraine is not an armed conflict as defined in the provisions  relating to the grant of subsidiary protection. Even if the applicant was attacked by some persons he did not know, his obligation was to seek assistance in his country of origin, even if obtaining assistance would seem illusory and not realistic.

Granting refugee status is not justified by the living conditions or economic situation of the applicant, but only by the existing fear of persecutions in the country of origin. The state and regional authorities help internally displaced persons (IDPs) in organizing a new life undertake all efforts to ensure housing and assistance to IDPs from the southern and eastern part of the country in western and central Ukraine

Facts:

The applicant, a national of Ukraine, applied for asylum in Poland in April 2014. He was a writer and a journalist. He claimed he had been persecuted and threatened in his country of origin. He  was expected to apply for a Russian passport, but did not do so. He had lost access to all his savings because of the nationalization of the banks. He was also afraid of the war.
The Head of the Office for Foreigners refused to grant him refugee status, subsidiary protection or a tolerated stay permit. In July 2014 the Refugee Board upheld this decision. The applicant lodged a complaint to the Voivodeship Administrative Court in Warsaw, stating that since April 2014 the situation in Ukraine had evolved into an armed conflict. He stressed that for two weeks he had tried to live in another part of Ukraine but since he had not been registered, he could not have benefitted from any assistance. 
 

Decision & reasoning:

The Court agreed with the second instance authority that the applicant was not being persecuted, in case of return his life will not be threatened and that the conflict in Ukraine is not an armed conflict as defined in the provisions relating to the grant of subsidiary protection. Even if the applicant was attacked by some persons he did not know, his obligation was to seek assistance in his country of origin, even if obtaining assistance would seem illusory and not realistic (judgement of the Supreme Administrative Court no II OSK 2331/11). The fact that staying in the country of origin would mean he had to acquire Russian citizenship does not prove any persecution. 
 
The Court further held that the granting of refugee status is not justified by the living conditions or economic situation of the applicant, but only by the existing fear of persecution in the country of origin. As described in a report from the Country of Origin Information Department of the Office for Foreigners and the Centre for Eastern Studies, the state and regional authorities help internally displaced persons (IDPs) in organizing a new life. There are information desks on every train station, hot lines at the Ministry of Social Policy, where persons can get information about housing, health care, employment and pensions. The authorities help IDPs in  registering or starting up a business. These actions are coordinated with the UNHCR. The law on occupied territories adopted in April 2014 foresees that IDPs can move freely to another part of Ukraine. The authorities make all the efforts to ensure housing and assistance to IDPs from the southern and eastern part of the country in western and central Ukraine. 
 

Outcome:

Refusal of refugee status, subsidiary protection and tolerated stay permit.

Observations/comments:

The judgement available online:

http://orzeczenia.nsa.gov.pl/doc/28854A0404

According to the Report on activities of the Refugee Board for 2014 (not published online), since May 2014 the Refugee Board qualifies the situation in the part of Ukraine as an armed conflict which threatens civilians within the meaning of the Qualification Directive, but in most cases the internal protection alternative justifies the refusal of protection to the applicant.

Relevant International and European Legislation:

Cited National Legislation:

Cited National Legislation
Poland - Article 15 and 18 of the Law of 13 June 2003 on granting protection to foreigners in the territory of the Republic of Poland
Poland - Article 1 of the Law of 13 June 2003 on granting protection to foreigners in the territory of the Republic of Poland
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