A Moldovan national has applied for international protection in Poland. She cited difficulties in her home country due to the situation in Transnistria and her concern for her own safety as reasons for applying. She was a victim of domestic violence in her youth and also had a tough financial and housing situation. She stressed that she was an independent mother and that she could not rely on her family or the authorities for support in the country. As a result, she is facing the risk of losing her children.
The Head of the Office for Foreigners refused to grant her international protection. The migrant appealed against this decision.
Analysing the case, the second instance authority, the Refugee Council (hereinafter: the Council), considered that the facts were insufficiently established. The Council concluded that the risk of experiencing persecution or serious harm in the country of origin in the future and the possibilities of obtaining assistance there should be further explored and analysed. Particularly, it is essential to investigate what social assistance is provided to independent mothers in Moldova and whether children are taken away due to poverty. Whether the authorities in the country of origin are able to provide assistance to victims of domestic violence and whether domestic violence is effectively prosecuted in Moldova are also important considerations.
The Council also noted that the first-instance authority should consider re-interviewing the woman to determine whether the father of the minor children has contact with them and participates in their upbringing and maintenance. According to the Council, the question of whether the migrant is in fact raising the children herself seems to be of great relevance in order to establish the possible risks related to her financial situation in the event of return to her country of origin and the risk of the removal of the minor children.
The Council therefore annulled the contested decision in its entirety and referred the case back to the authority of first instance for reconsideration.
The migrant was represented by trainee advocate Agnieszka Matejczuk.