You are here

Home › Ukraine › Poland ›

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 - Decision of the Refugee Board no RdU-326-1/S/2015 from 14 August 2015 on granting subsidiary protection

Country of Decision: Poland
Country of Applicant: Ukraine
Keywords: Individual assessment, Internal armed conflict, Internal protection

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...
Date: 14-08-2015

Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 13 August 2015 no IV SA/Wa 668/15 annulling the decision of the Refugee Board on refusing refugee status and subsidiary protection

Country of Decision: Poland
Country of Applicant: Ukraine
Keywords: Individual assessment, Internal protection, Relevant Facts, Standard of proof

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 ...
Date: 13-08-2015

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
Keywords: Internal armed conflict, Internal protection

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...
Date: 01-12-2014

Filter by case summary type

Filter by applicable legal provisions

Filter by country of applicant

Filter by country of decision