Czech Republic - Supreme Administrative Court, 25 November 2011, V.S. v Ministry of Interior, 6 Azs 29/2010-85

Country of Decision:
Country of Applicant:
Date of Decision:
25-11-2011
Citation:
6 Azs 29/2010-85
Court Name:
Supreme Administrative Court
Printer-friendly versionPrinter-friendly version
Headnote: 

If an applicant for international protection has citizenship of one country and a place of last permanent residence in another country, the assessment of persecution or serious harm is considered primarily with regard to the country of nationality. The country of last permanent residence is examined in cases of stateless persons.

Facts: 

The applicant filed an application for international protection in the Czech Republic because he feared return to Israel (the country of his nationality), and partly also due to his fear of returning to South Africa (his country of last permanent residence). The Ministry of Interior (MOI) assessed possible persecution or serious harm in relation to the country of his citizenship – Israel. For this reason, country of origin information (COI) assessed in the case concerned the state of Israel, not South Africa. The applicant challenged the decision of the MOI claiming that the risk of persecution in South Africa should have been considered, that COI on South Africa should have been used and that the MOI should have taken into account not only official, but also the de facto relationship with the applicant’s country of residence. The Regional Court dismissed the application and the applicant appealed to the Supreme Administrative Court (SAC).

Decision & Reasoning: 

The SAC, inter alia, ruled on the issue of "country of origin" in the case of different citizenship and permanent residence. According to the SAC, if the applicant for international protection had citizenship of one country and a place of last permanent residence in another country, the assessment of persecution or serious harm is considered primarily with regard to the country of nationality. The country of last permanent residence is examined in cases of stateless persons.

Outcome: 

The appeal was dismissed.

Observations/Comments: 

Decision n. 6 Azs 29/2010-85 of the Supreme Administrative Court available at www.nssoud.cz

Case Law Cited: 

Czech Republic - 2 Azs 46/2008 (Supreme Administrative Court)

Czech Republic - 6 Azs 307/2005 (Supreme Administrative Court)