Odesa District Administrative Court
The District Administrative Court made 17 decisions regarding asylum cases.
Of these, 6 were in favor of the asylum-seeker and 11 were in favor of the SMS (see table below).
The District Administrative Court made 3 decisions by which court obliged the SMS to grant CP/RS (all regarding Syrian cases). Other positive decisions by which court referred the case back to the SMS/MS for new consideration.
Odesa Appellate Administrative Court
The Appellate Administrative Court made 19 decisions regarding asylum cases in the reporting period.
Of these, 9 were in favor of the asylum-seeker and 10 were in favor of the SMS (see table below).
7 positive decisions of District Administrative Court were remained in force by Appellate Administrative Court. The Appellate Administrative Court cancelled 2 negative decision of District Administrative Court (1 – AFG, 1 – RUS) and referred the case back to the RMS for new consideration (art.8).
The Appellate Administrative Court cancelled 2 positive decision of the 1st instance court (1 positive decision of Promorskii regional court on forced return (AFG), 1 positive decision of Odesa District Administrative Court on art.8 (ERT).
Higher Administrative Court of Ukraine
During the reporting period, the HAC made 3 negative decisions regarding asylum cases, of these, 1 on art.6 (IRQ) and 2 on art.8 (IRQ, AFG) (see table below).
The statics on court practice is indicated in the table below.
Court practice in 1 part in 2018.
District administrative court | Appellate Administrative Court | Supreme Court | ||||
Positive | Negative | Positive | Negative | Positive | Negative | |
1 quarter | ||||||
Art 6. | 3 SYR
1 COD |
4 AFG
2 SYR 1 COD |
2 SYR | 4 AFG
1 ERT 1 LBY |
n/a | 1 IRQ |
Art. 8 | 1 SYR
1 IRQ |
1 COD
3 AFG |
1 TUR
1 AFG 1 RUS 1 COD 1 PAL 2 IRQ |
1 AFG
1 KZG |
n/a | 1 IRQ
1 AFG |
Art. 5 | n/a | n/a | n/a | 1 AFG | n/a | n/a |
Art. 11 | n/a | n/a | n/a | n/a | n/a | n/a |
Art. 26 | n/a | n/a | n/a | 1 AFG | n/a | n/a |
2 quarter | ||||||
Art 6. | 1 RUS
1 SYR |
6 AFG
1 RUS 1 IRQ |
1 SYR | n/a | n/a | 1 AFG |
Art. 8 | 2 SYR
1 AFG |
1 AFG
2 IRQ 3 COD |
1 COD
4 AFG |
4 AFG | n/a | n/a |
Art. 5 | n/a | 1 SUD | n/a | n/a | n/a | n/a |
Art. 11 | n/a | 1 AFG | n/a | n/a | n/a | n/a |
Art. 26 | n/a | 1 AFG | 1 SYR | 2 AFG
1 SYR |
n/a | n/a |