Asylum decision overturned – Constitutional Court overturned deportation in pre-war Ukraine

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An expulsion order against a Ukrainian woman has been quashed by the Constitutional Court. The Lviv woman was forced to leave the country after her asylum applications were rejected. The decision was made two days before the Russian invasion of the neighboring country, and the decision was made on the day of the aggression itself.

The woman first applied for asylum in 2015 (in vain). In 2021, the Administrative Court approved the decision of the Federal Office of Immigration and Asylum to deport the woman.

Notice was served on the day of the invasion
Based on the “State Documentation Country Information Sheet” as of October 2021, it considered a repatriation possible given the security situation in Ukraine – expressly excluding only the Crimean peninsula and the Donetsk and Lugansk regions. The decision is dated February 22, 2022. It was released on February 24, the day when Russian attacks on Ukraine began, the Presse’s “Right Panorama” reports.

For the Constitutional Court, the media coverage in February of the previous year should also have alarmed the administrative court: the dramatic developments could also be considered “notorious” (known) before the court and should prompt it to address the “volatile security situation in Ukraine and an associated serious threat to the life or physical integrity” of civilians.

Source: Krone

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