Supreme Administrative Court (SAC). The Supreme Administrative Court refused
the cassation complaint on 19 December 2013 and stated in its decision:
“With regards to the decision of the Grand Chamber of the Court of Justice
from December 19, 2012, Mostafa Abed El Karem El Kott and others against
Bevándorlási és Állampolgársági Hivatal, C-364/11, which interprets art. 12
section 1 a) of the directive of the Council 2004/83/ES, it is necessary for the
application of art. 15 section 3 a) of the Czech Asylum Act, that protection or
assistance provided by the UN for Palestinian refugees in the Middle East has
ceased for reasons independent of the will of the applicant for international
protection, and the applicant must have actually accessed such protection or
assistance previously. The fulfillment of these conditions has to be concretely
stated by the applicant for international protection during the administrative
procedure.”
N.F., male, 44 years old, Palestinian refugee born in Syria (7 May 2013)
The asylum seeker applied for international protection in the Czech Republic.
He had been a doctor in Syria and the security forces had started to look for him
because he had been treating patients injured during demonstrations against the
Syrian president. He had submitted to the Ministry of Interior a record of registration
with UNRWA and a statement as to why and how the El Kott judgment should apply
when making a decision regarding his application.
He filed his application on 10 May 2012 and received a decision on May 7, 2013,
granting him subsidiary protection for 12 months. The decision stated that:
[…] the administrative body states that according to art. 15(3)(a) of the
Asylum Act, asylum cannot be granted if the third-country national avails
herself/himself of the protection or enjoys the support from United Nations
Organization bodies or professional organizations other than the United
Nations High Commissioner for Refugees; if for any reasons the protection or
support is not granted to persons for whom the final decision on their status
has not been made pursuant to the provisions of the relevant resolutions
made by the United Nations General Assembly, the provisions of this Act
shall apply to her/him. According to the above therefore the administrative
body has carefully considered the application of the above-mentioned and
after conducting an administrative procedure, concluded that the applicant
does not fulfill the requirements for being granted asylum according to article
12(a), (b) of the Asylum Act, which had been duly justified above.”
The asylum seeker appealed against the decision to the Municipal Court, in which
he argued that the Ministry of Interior interpreted Article 15(3)(a) wrongly under the
El Kott decision; that once the Ministry found that he fulfilled the requirements of
Article 1D of the Refugee Convention, he should have been automatically granted
asylum rather than further subjected to an examination of his application under
Article 1A(2).
Survey of Protection at the National Level
107
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