ECRE is currently working on redeveloping the website. Visitors can still access the database and search for asylum-related judgments up until 2021.
Slovakia - Supreme Court of the Slovak Republic, 16 March 2011, V.M. v Ministry of Interior of the Slovak Republic, 10Sža 9/2011
Country of Decision:
Country of Applicant:
Date of Decision:
16-03-2011
Citation:
10Sža 9/2011
Court Name:
Supreme Court of the Slovak Republic
Keywords:
National / Other Legislative Provisions:
Slovakia - Zákon 480/2002 Zb. o azyle a o zmene a doplnení niektorých zákonov (Act No 480/2002 on asylum and amending certain other acts) - § 9
Printer-friendly version
PDF version of Summary
Headnote:
In the opinion of the Supreme Court of the Slovak Republic, the decision of the defendant was arbitrary only with regard to the statement that “in view of the fact that there is no legal entitlement to asylum in the territory of the Slovak Republic on humanitarian grounds and in the course of the procedure no facts were found which would have led the Migration Office to such a conclusion, it will not grant asylum on humanitarian grounds under Section 9 of the Asylum Act“, which could not be reviewed due to lack of grounds.
Facts:
The applicant left his country of origin together with his mother because of the psychological and physical tyranny of the father of the family. He has been living in Slovakia since 2006, is fully integrated, speaks faultless Slovak, has not committed any crimes, attends secondary school and has enjoyed significant sporting success in boxing.
In 2010 he requested asylum on the basis of persecution due to membership of a particular social group (victim of domestic violence) and also requested asylum on humanitarian grounds.
The Migration Office of the Ministry of Interior of the Slovak Republic refused asylum and refused to provide subsidiary protection to the applicant. He filed an appeal against this decision at the Regional Court in Bratislava. The decision of the Migration Office was upheld by the Regional Court in Bratislava. The applicant therefore appealed to the Supreme Court of the Slovak Republic against the judgment of the Regional Court in Bratislava.
Decision & Reasoning:
In the opinion of the Supreme Court of the Slovak Republic, the decision of the defendant was arbitrary only with regard to the statement that “in view of the fact that there is no legal entitlement to asylum in the territory of the Slovak Republic on humanitarian grounds and in the course of the procedure no facts were found which would have led the Migration Office to such a conclusion, it will not grant asylum on humanitarian grounds under Section 9 of the Asylum Act“, which could not be reviewed due to lack of grounds.
The Supreme Court of the Slovak Republic states that, according to settled case-law, it is clear that the actual decision to grant or to refuse asylum on humanitarian grounds under Section 9 of the Asylum Act is within the discretion of the defendant, but in this context the appellate court points to the opinion of the Supreme Court of the Slovak Republic expressed in Judgment No 1 SžoKS 124/2005 of 23 January 2007, according to which, if the applicant asserts grounds during the course of an administrative procedure, the defendant must, in the statement part the decision, set out an opinion on those grounds and thus duly set out the reasons for which it has refused asylum on humanitarian grounds.
It is beyond doubt that both the applicant himself and his legal representative, during the course of the administrative procedure, clearly pointed out the reasons for which they were applying for asylum on humanitarian grounds.
Outcome:
The Supreme Court of the Slovak Republic reversed the decision of the Regional Court in Bratislava, setting aside the decision of the Ministry of Interior – Migration Office, and referring the case back to the Migration Office.
Observations/Comments:
Senát zložený z predsedníčky senátu JUDr. Jany Henčekovej, PhD. a z členov JUDr. Zuzany Ďurišovej a Ing., JUDr. Miroslava Gavalca, PhD.
Case Law Cited:
Slovakia - Supreme Court of the Slovak Republic, 23 January 2007, 1SžoKS 124/2005
