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EDAL case summaries

Czech Republic - Supreme Administrative Court, 17 September 2010, M.Y. v. Ministry of Interior, 2 Azs 14/2010-92

Country of Decision: Czech Republic
Country of Applicant: Unknown
Keywords: Inadmissible application, Non-refoulement, Personal circumstances of applicant, Relevant Facts, Subsequent application

The case concerned a subsequent application for international protection based on the right to a family and private life (Art 8 of the European Convention on Human Rights (ECHR)) The application was rejected as inadmissible by the Ministry of Interior (MOI) on the basis that Art 8 considerations were deemed not applicable in asylum cases. However, the Supreme Administrative Court (SAC) made two important findings. Firstly it held that even if an application was considered to be inadmissible, there was an obligation to evaluate the risk of refoulement under Art 33 of 1951 Refugee...
Date: 17-09-2010

Czech Republic - Supreme Administrative Court, 28 February 2007, T.A. v Ministry of Interior, 4 Azs 146/2006-100

Country of Decision: Czech Republic
Country of Applicant: Unknown
Keywords: Assessment of facts and circumstances, Actors of protection, Actor of persecution or serious harm

Where reports from applicant’s country of origin establish that the minority group to which the applicant belongs is a target of discrimination and persecution from the authorities and police, the applicant’s claim cannot be refused on the grounds that he/she had not asked the authorities for protection and failed to exhaust all legal means available.
Date: 28-02-2007

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