The Refugee Council decided to overturn the decision of the Head of the Office for Foreigners (a first instance authority) to refuse to grant international protection to our clients, citizens of Tajikistan, and granted them subsidiary protection.
The migrants – a father and an adult son – left Ukraine due to the armed conflict taking place on the territory of that country. Previously, they were forced to leave their country of origin, Tajikistan, due to difficult experiences and problems with the country’s authorities. Mr T. was a member of the Islamic Renaissance Party of Tajikistan (IPOT) in the country, was a candidate in the parliamentary elections, was detained and later convicted of terrorist activities. After leaving prison, he left the country, which led the Tajik authorities starting to hamper his son’s life – summoning him for questioning and trying to obtain information about his father’s location.
After applying for international protection in Poland, the Head of the Office for Foreigners refused to grant the migrants international protection. The case then went to the Refugee Council, which granted them subsidiary protection.
In its decision, the Council concluded that Mr T. and his son did not meet the conditions for refugee status because the hardship experienced did not constitute persecution on political grounds. However, it simultaneously considered that Mr T. fulfilled the conditions for subsidiary protection, as he would be exposed to inhuman or degrading treatment “due to his recognition as a suspect to the authority system, as reflected in his detention and detention”, in the event of his return to the country. The Council also referred to the fact that the migrant had previously been convicted of involvement in a terrorist group , which it believes could mean that he is a person of suspicion to the authorities and could result in further detentions and experiences of violence.
In the case of the migrant’s son, the Council found that he is also at risk of inhuman or degrading treatment in the event of return to the country as his situation is closely linked to his father’s, who has been granted subsidiary protection.
The migrants were supported by trainee solicitor Magdalena Fuchs and integration counsellor Vasyl Blozwa.