CF “Right to Protection” (R2P) in partnership with the International Law Committee of the Ukrainian National Bar Association reviewed the current case laws of the Supreme Court of Ukraine for the period from 2018 to 2021 in favor of the asylum seekers in disputes over their recognition as refugees and persons in need of complementary protection. The legal review was conducted by Olena Kalashnyk, a lawyer at the R2P, and Vitaliy Vlasyuk, a lawyer and Chairman of the UNBA International Law Committee.
Due to wars and armed conflicts in different parts of the world, a significant number of people are forced to flee and seek protection in other countries. Now the world community’s attention is focused on asylum seekers from Afghanistan, Syria, Somalia, etc.
After all, when a person in his/her country of origin faces significant difficulties due to religious beliefs, political views, belonging to a certain social group, or due to his/her ethnicity, life in their home countries becomes impossible. That is why people are forced to seek safety elsewhere, where their lives will not be in danger.
«In Ukraine, an asylum seeker who applied to the State Migration Service for recognition as a refugee and was refused becomes left in a very stressful situation. The person then needs to appeal such a refusal in court and prove that he/she has certain grounds for obtaining a particular status. Sometimes a person’s life depends solely on a court decision.
With this in mind, we have prepared a review of the current Supreme Court legal practice, which should facilitate the work of lawyers, the Migration Service, and the court in resolving disputes over the recognition of persons as refugees or in need of complementary protection. I hope that the legal court decisions included in the collection will help save many lives and contribute to the fair settlement of disputes between asylum seekers and the Migration Service,»– said Olena Kalashnyk, a lawyer at the CF “Right to Protection” (R2P).
The overview is available for download (in Ukrainian).