Czech Republic - Regional Court of Prague, 29 December 2009, S.R.J v Ministry of Interior, 47 Az 17/2009-52

Country of Decision:
Country of Applicant:
Date of Decision:
29-12-2009
Citation:
47 Az 17/2009-52
Court Name:
Regional Court Prague
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Headnote: 

If an applicant raises circumstances that could present a potential breach of Art 3 ECHR it is impossible to reject the application as manifestly unfounded. The case must be considered on its merits and the deciding authority needs to have accurate COI.

Facts: 

The applicant applied for asylum in the Czech Republic in 2009 at the airport. He stated that he had been endangered by the long running conflict in Sri Lanka. He claimed that one night, he and his employee were shot at. In addition unidentified persons came to his home to harass him and his family. The Ministry of Interior (MOI) rejected his claim as manifestly unfounded because the applicant had not provided any reasons to establish a claim for international protection. With regard to the armed conflict, the MOI concluded that according to reports, the conflict was taking place only in one part of the country and the applicant could relocate. The applicant filed an action before to the Regional Court in Prague.

Decision & Reasoning: 

If the applicant comes from a country that cannot be considered as a safe country of origin and he claims facts indicating severe (life threatening) circumstances, then it is impossible to process the application in an accelerated procedure and reject it as unfounded. It must be assessed on its merits. For such an assessment the deciding authority must have proper information on the country of origin. UK Border Agency information on human rights cannot be regarded as such, and cannot be taken as a guide on how to decide an application; it can only serve as an information source on the situation in the country of origin and it should not be the only source of information. For the assessment of subsidiary protection in 2009 it is not sufficient to have information from 2007.

Outcome: 

The appeal was successful and decision of the MOI was dismissed.

Case Law Cited: 

Czech Republic - 5 Azs 18/2008 (The Supreme Administrative Court)