Poland - Polish Council for Refugees, 23 August 2012, RdU-82/8/S/10
Country of Decision:
Country of Applicant:
Date of Decision:
23-08-2012
Citation:
RdU-82/8/S/10
Court Name:
Polish Council for Refugees
Keywords:
Relevant Legislative Provisions:
European Union Law > EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 > Art 25 > Art 25.2 (f)
European Union Law > EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 > Art 25
European Union Law > EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 > Art 32
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 2 > Art 2 (e)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 2
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6 > Art 6 (c)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 8 > Art 8.1
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 8 > Art 8.2
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10 > Art 10.1 (d)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 15 > Art 15 (b)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 15
European Union Law > EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 > Art 25
European Union Law > EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 > Art 32
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 2 > Art 2 (e)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 2
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6 > Art 6 (c)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 8 > Art 8.1
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 8 > Art 8.2
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10 > Art 10.1 (d)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 15 > Art 15 (b)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 15
National / Other Legislative Provisions:
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 13 § 1
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 14 § 1(5)
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 15
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 16
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 18
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 40
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 14 § 1(5)
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 15
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 16
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 18
Poland - Ustawy o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej Polskiej (Act on granting protection to foreigners in the territory of the Republic of Poland) - Art 40
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Headnote:
A single woman with two illegitimate children from relationships not approved of by the family (who are Muslim) may be subject to inhuman or degrading treatment in the country of origin by the members of her family.
The particular social group within the meaning of the Convention relating to the Status of Refugees is the group comprising single mothers of illegitimate children living in Muslim families and societies.
Facts:
In 2011, the foreign woman submitted a fourth application for refugee status in Poland. In this application, she stated that she had two minor children born out of wedlock. The first child was conceived when she was still living in the Russian Federation as a result of a casual relationship between her and an Arab man, who abandoned her whilst she was pregnant. The members of the foreignor's family beat her and forced her to marry another man. The woman fled to Poland. The second child was also born from a casual relationship with another foreignor. The father of the second child also abandoned her. The members of the foreignor's family, being radical Muslims, threatened her with death, as a single woman with two illegitimate children.
In March 2012, the Head of the Office for Foreigners dismissed the proceedings in the case as it was found that the application was inadmissible (as it was a subsequent application on the same grounds). The foreignor appealed to the Polish Council for Refugees.
Decision & Reasoning:
The Polish Council for Refugees found that the foreignor—as a single mother with two illegitimate children—fulfilled the conditions for additional protection in Poland, as she was subject to inhuman or degrading treatment by members of her family.
The assessment of whether treatment bears the hallmarks of 'inhuman or degrading treatment' depends on the duration of the treatment, the effects on the mental and physical health of the victim, and the victim's gender, age, and general health.
In the foreignor's family, there had been cases of children being given away for adoption immediately after birth in fear of the family's reaction. The Applicant was ostracised by the family, driven from home, and threatened with death by family members whilst she was pregnant as an unmarried woman. She had to go into hiding. What the Applicant's family members might do to her if she returned to her country of origin is so serious that it can be classed as inhuman treatment.
The foreignor was not deemed eligible for refugee status, although she belonged to a 'particular social group' within the meaning of the Convention relating to the Status of Refugees, i.e. a group comprising single mothers of illegitimate children living in Moslem families and societies. This social group is not, however, persecuted by the authorities in the Applicant's country of origin. The state provides such women with limited protection, although it does not respect all of their rights. This is not, however, an intentional act but is attributable to weaknesses in the justice system in this country and to cultural barriers.
This foreignor cannot consider the option of fleeing elsewhere domestically, as she has limited means—she is not employed and instead is bringing up her children. She depends on welfare. In the Russian Federation, this means that she will have to live where she is currently registered, as that is the only place she can access welfare. This would not be possible elsewhere in the Russian Federation, due to lack of registration.
Outcome:
The decision by the first instance authority was overturned in full; refugee status was refused; additional protection was granted.
Observations/Comments:
The foreignor was granted additional protection only following a fourth application for refugee status (the proceedings in total lasting more than 3 years), despite the fact that, since the start, she had been basing her applications on circumstances connected with the fact that she had illegitimate children. This indicates that the views expressed in the decisions described in the rulings by the administrative authorities and judgments of the Polish courts have not been consistently applied.
