Case summaries

Account must be taken of the evolution of the circumstances in the country of origin, from the moment of the application for international protection, until the moment when the Court has to take a decision.

In this instance, relying on the change of circumstances that has taken place in Ukraine since the Applicants introduced the demand, the Court grants subsidiary protection status to a Ukrainian family. The current international conflict taking place in Ukraine exposes them to a risk of  serious harm.

The applicants’ personal circumstances and the general conditions in the country of origin have to be taken into account, when assessing whether an internal flight alternative exists. Relevant sources like the UNHCR guidelines have to be used.  Otherwise this constitutes a significant procedural error. 

For the assumption of reasonable internal flight alternatives, a case-by-case assessment must be made on the basis of sufficient findings about the expected situation of the asylum applicant in the country of origin. On the basis of general information on the situation in the country of origin, a young, healthy man with school education and professional experience and who is familiar with the local conditions, can in principle be expected to resettle in Kabul.

The risk of persecutions should be assessed only on the basis of the current state of affairs or a prognosis of the situation in the foreseeable future, based on documented facts and not on general hypothesis regarding potential changes with no probability assessment. There is no doubt that in Ukraine there is a serious crisis, because of armed conflict in the part of the country, but for now there is no real risk that the conflict will cover the whole country.

The applicant is a member of a protestant church, while the dominating religion is orthodox. This circumstance should be duly taken into account when applying the internal protection alternative. The analysis whether the applicant’s fear of persecutions is well founded, should be based on updated information. The information was not updated since it came from April 2014 and the decision was taken in December 2014. The situation in Ukraine is dynamic so the appeal authority should complement the case files accordingly.

The statement that the applicant can relocate within his country of origin is based solely on general information on Ukraine, without paying attention to his personal circumstances and conditions in the places he could be expected to settle in.

In the decision there is no reference to the applicant’s age, occupation, family situation, employment and housing opportunities, as well as his registration and the level of assistance he could benefit from if returned. The burden of proof to show that the personal circumstances of the applicant are not sufficient to counter a refusal of international protection on the basis of the internal protection alternative lies with the State authority.

The main question is whether the applicant can be sure that he will obtain assistance allowing for certain standards of living. The state assistance is significant here, as the applicant has no family or friends in the part of the country of origin under control of Ukrainians.

General situation in the country of origin, however difficult, does not justify granting refugee status, if there is no or only some small risk of persecutions (such risk can never be actually eliminated). However the authority is obliged to individually assess the situation of a particular applicant. This is not possible without careful examination of all the letters submitted by the applicant during the proceedings before the first and the second instance. Failure to do this cannot be validated by the Court by determining the facts on its own, since it would lead to de facto depriving the applicant of his right to have the case examined in two administrative instances.

The proposed deportation of the applicants to Iraq would not violate Article 3 ECHR, either based on the general situation of violence in Iraq, or on the basis of past serious violence and threats that occurred in 2008.

In order to ensure that the state is capable of providing protection, the EU Qualification Directive stipulates that a state security system must be guaranteed and also requires an examination of the special circumstances of the individual case.

The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of  violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response

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