Czech Republic - Supreme Administrative Court, 27 October 2011, D.K. v Ministry of Interior, 6 Azs 22/2011

Facts:

The applicant arrived to the Czech Republic in 2009 without any travel documents and lodged an application for international protection. She left Nigeria as she feared she would be forced by the villagers in her hometown to undergo FGM. According to her statements, every girl at age sixteen has to undergo circumcision and her family defied this tradition. The applicant’s sister had to undergo circumcision and she died as a result. The applicant came from the city of Agbor in the Delta State and had been studying at university. The applicant’s brother tried to help her to escape, but he was killed. The villagers wanted to perform circumcision on her, but she escaped to the bush, where she met a fair-skinned man, who helped her to flee the country. The applicant did not turn to the state authorities because she believed that performing circumcision was a tradition against which she would not be ensured of protection.

The Ministry of Interior and the Regional Court found that the applicant was a young educated woman who had been studying at a university, and for that reason, it was surprising that she had not tried to solve the situation herself, for example through the help of non-governmental organisations or internal protection. The applicant filed a cassation complaint against the court decision in the Supreme Administrative Court.

Decision & reasoning:

Fulfilling the conditions of internal protection (the availability of protection, the effectiveness of moving as a solution to persecution or serious harm in the area of origin, and a minimal standard of human rights protection) must be assessed cumulatively in relation to specific areas of the country of origin. It also must be clear from the decision which specific part of the country of origin can provide the applicant refuge from imminent harm.

For the purposes of assessing the ability and willingness to prevent persecution or serious harm from non-State actors, possible protection provided by the state, parties or organisations which control the state or a substantial part of its territory, must be examined. Effective protection cannot be provided by non-governmental organisations which do not control the state or a substantial part of its territory.

Outcome:

The cassation complaint was successful and the decision of the Regional Court was cancelled.

Observations/comments:

Decision of the Supreme Administrative Court n. 6 Azs 22/2011 available at www.nssoud.cz