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