Czech Republic - Supreme Administrative Court, 25 November 2011, V.S. v Ministry of Interior, 6 Azs 29/2010-85
| Country of Decision: | Czech Republic |
| Country of applicant: | Israel |
| Court name: | Supreme Administrative Court |
| Date of decision: | 25-11-2011 |
| Citation: | 6 Azs 29/2010-85 |
Keywords:
| Keywords |
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Assessment of facts and circumstances
Description
The duty of the state to carry out an individual assessment of all relevant elements of the asylum application according to the provisions of Article 4 of the Qualification Directive, including considering past persecution and credibility; and the duty of the applicant to submit as soon as possible all statements and documentation necessary to substantiate the application. |
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Country of former habitual residence
Description
The country in which a stateless person had resided and where s/he had suffered or fears s/he would suffer persecution if s/he returned. For the purposes of the Qualification Directive, “country of origin” means, for stateless persons, the country or countries of former habitual residence. |
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Internal protection
Description
Where in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and the applicant can reasonably be expected to stay in that part of the country. |
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Stateless person
Description
Person who is not considered as a national by any State under the operation of its law. This includes also a person whose nationality is not established. |
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Country of origin
Description
The country (or countries) which are a source of migratory flows and of which a migrant may have citizenship. In refugee context, this means the country (or countries) of nationality or, for stateless persons, of former habitual residence. |
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Nationality
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. Nationality can be defined generally as the legal bond between a person and a State which does not indicate the person's ethnic origin. According to the Qualification Directive, when considered as a reason for persecution, the concept of nationality is not confined to citizenship or lack thereof and, in particular, includes membership of a group determined by its cultural, ethnic, or linguistic identity, common geographical or political origins or its relationship with the population of another State |
Headnote:
If an applicant for international protection has citizenship of one country and a place of last permanent residence in another country, the assessment of persecution or serious harm is considered primarily with regard to the country of nationality. The country of last permanent residence is examined in cases of stateless persons.
Facts:
The applicant filed an application for international protection in the Czech Republic because he feared return to Israel (the country of his nationality), and partly also due to his fear of returning to South Africa (his country of last permanent residence). The Ministry of Interior (MOI) assessed possible persecution or serious harm in relation to the country of his citizenship – Israel. For this reason, country of origin information (COI) assessed in the case concerned the state of Israel, not South Africa. The applicant challenged the decision of the MOI claiming that the risk of persecution in South Africa should have been considered, that COI on South Africa should have been used and that the MOI should have taken into account not only official, but also the de facto relationship with the applicant’s country of residence. The Regional Court dismissed the application and the applicant appealed to the Supreme Administrative Court (SAC).
Decision & reasoning:
The SAC, inter alia, ruled on the issue of "country of origin" in the case of different citizenship and permanent residence. According to the SAC, if the applicant for international protection had citizenship of one country and a place of last permanent residence in another country, the assessment of persecution or serious harm is considered primarily with regard to the country of nationality. The country of last permanent residence is examined in cases of stateless persons.
Outcome:
The appeal was dismissed.
Observations/comments:
Decision n. 6 Azs 29/2010-85 of the Supreme Administrative Court available at www.nssoud.cz
Relevant International and European Legislation:
Cited Cases:
| Cited Cases |
| Czech Republic - 2 Azs 46/2008 (Supreme Administrative Court) |
| Czech Republic - 6 Azs 307/2005 (Supreme Administrative Court) |