Czech Republic - Supreme Administrative Court, 3 November 2011, O.P. v Ministry of Interior, 2 Azs 28/2011-82

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Headnote: 

When refusing a claim for asylum the decision-maker must establish beyond reasonable doubt that the applicant's fear is not well founded.

Facts: 

The applicant lodged an application for international protection in the Czech Republic because of his fear of serious harm due to his refusal to succeed to the throne in a Ghanaian village after the death of his father, as he did not agree with the practice of traditional religious rituals. He was not granted international protection as the Ministry of Interior (MOI) did not consider that the applicant had established grounds for granting asylum.

The applicant appealed to the Regional Court, which dismissed the motion. Consequently, the applicant filed a cassation complaint in the Supreme Administrative Court.

Decision & Reasoning: 

The SAC concluded that the applicant's claim that he feared persecution for the above-mentioned reasons cannot constitute a reason for deeming the applicant eligible for asylum.

Such conclusion would have to be supported by country of origin information (COI), relevant to the situation described by the applicant, which established without substantial doubt that it was clear that the applicant’s fear was well founded.

The SAC rejected the appeal because it was established beyond reasonable doubt that the applicant's fear was not well-founded having regard to COI.

Outcome: 

The appeal was dismissed.

Observations/Comments: 

Decision no. 2 Azs 28/2011-82 available at www.nssoud.cz