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EDAL case summaries

Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 1 October 2015 no IV SA/Wa 685/15 annulling the decision of the Refugee Board on refusing refugee status, subsidiary protection and tolerated stay permit.

Country of Decision: Poland
Country of Applicant: Ukraine
Keywords: Country of origin information, Internal armed conflict, Internal protection, Relevant Facts

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...
Date: 01-10-2015

Poland – Polish Refugee Board, 31 January 2013, RdU-315-3/S/12

Country of Decision: Poland
Country of Applicant: Afghanistan, Russia
Keywords: Accelerated procedure, Country of origin information, Individual assessment, Membership of a particular social group, Procedural guarantees, Relevant Facts

This was a decision of the Polish Refugee Board of 31 January 2013 to uphold that part of the decision of the Head of the Polish Office for Foreigners which concerned refusal to accord refugee status and to overturn the remainder of the decision as well as to grant subsidiary protection.

In the course of criminal proceedings conducted against a foreigner in Poland it was revealed to Iranian consular officials that the foreigner concerned was being held at the Centre for Foreigners seeking refugee status in Dębak. This could have been tantamount to disclosing that the foreigner was...
Date: 31-01-2013

Poland - Supreme Administrative Court of Poland, 24 July 2011, II OSK 557/10

Country of Decision: Poland
Country of Applicant: Russia
Keywords: Assessment of facts and circumstances, Country of origin information, Inadmissible application, Relevant Documentation, Subsequent application, Subsidiary Protection

The administrative authorities, when carrying out an assessment of whether a subsequent application for refugee status is inadmissible (based on the same grounds), should compare the factual basis for the administrative case on which a final decision has been made with the testimony of the foreignor provided in the subsequent application and should also examine whether the situation in the country of origin of the applicant and also the legal position have changed.
Date: 25-07-2011

Poland - Supreme Administrative Court of Poland, 18 February 2009, II OSK 247/08

Country of Decision: Poland
Country of Applicant: Russia
Keywords: Actors of protection, Country of origin information, Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution

The accusation of a breach of the individual's right to information about the rules and procedures of the refugee status proceedings and about the rights and obligations of the applicant was unfounded, as the application form for refugee status contained this information and was signed by the individual in question to acknowledge that she had been duly informed.

For refugee status to be recognised on grounds of a risk of persecution by non-state actors, it needs to be shown that this risk is linked to persecution grounds listed in the Convention.

'Women subject to domestic...
Date: 18-02-2009

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