Justice grants international protection to a Ukrainian who predicted the invasion three years before it happened

Three years before invasion of Ukrainea citizen of this country appeared at the offices of the Provincial Immigration and Border Brigade of Pontevedra requesting international protection. More than a year later, The Ministry of the Interior rejected his claim.a request that, on the contrary, just was partially hosted by the National Court. The judges conclude that, given the current situation, “the existence of the necessary elements for the award is considered subsidiary protection status».

The Ukrainian, formulating his request, stated that he “does not agree with the war being waged in his country with Novorussia—a term referring to the Ukrainian territory under the control of the self-proclaimed Donetsk People’s Republic and Luhansk People’s Republic—from the Russian army occupies more and more territory from Ukrainethey attack the cities, they want to recover their factories, they raise the flag of New Russia and from that moment on they arrest citizens who do not agree with the new regime and they leave the rest ».

During an interview at the Extranjería de Pontevedra, he admitted that “the city where the applicant lived is still he was not attacked“, as well as that the surrounding towns were full of “Ukrainian policemen to defend them and in turn arrest supporters of Novorussia”.

hearing problems

He added that “The new Russian army is very close and does not agree with their invasion, because he wants to remain Ukrainian“, as well as warned that, “being deaf, he won’t know when they arriveso before he was arrested he decided to leave his country”.

Considering these allegations, the MUP rejected them in November 2020 — the invasion of Ukraine will take place on February 24, 2022 — considering that the applicant “does not express fear of suffering actions that constitute a serious violation of fundamental rights. In their statements, the reasons of race, religion, nationality, political beliefs or belonging to a certain social group are not disclosed.

Likewise, it is stated that this person “he has not been in any of the specific regions where the conflict situation in Ukraine is currently located», therefore it was considered that his return to his country “is not a real risk suffering serious threats to his life or integrity motivated by indiscriminate violence in situations of international or internal conflict”.

No asylum was granted

Faced with such a decision, and having filed a corresponding appeal, the National Court agrees with it none of the conditions that would lead to the recognition of the right to asylum have been met.

However, he does not think the same about the right to subsidiary protection. Specifically, it refers to an article that states that they can use this number in those cases «serious threats to the life or integrity of civilians caused by indiscriminate violence in situations of international or internal conflict.

Therefore, after alluding to the various resolutions of the National Court itself, the Supreme Court and the Court of Justice of the European Union, the Madrid judges conclude that, “from the date this judgment was pronounced, it is notorious and sufficiently known that Ukraine is immersed in an international conflict that is completely unimaginable in the above-mentioned article of the Asylum Law». That is why they conclude that the war situation makes it impossible to “consider in any way the possibility of internal relocation under safe conditions and reasonableness”.

And that is, “in the country of return, Ukraine, the appellant they will not be protected Therefore, in the present date and circumstances, it must be judged that protection cannot be guaranteed in any part of the country».