Subject of Dispute: Challenging the Decision of the State Migration Service Regarding Refusal to Recognize a Belarusian Citizen as a Refugee or a Person in Need of Subsidiary Protection.
Main Arguments of the Court:
The Supreme Court confirmed the previous legal position that a person who is a combatant (military serviceman) cannot simultaneously be an asylum seeker. The UNHCR international guidelines clearly indicate that combatants cannot be considered as persons in need of protection until they renounce participation in military actions. In this case, the plaintiff is serving under a contract in the Armed Forces of Ukraine, defending Ukraine against Russian aggression, and therefore cannot claim refugee status or subsidiary protection status.
Court Decision: To leave the cassation appeal unsatisfied, confirming the appellate court’s decision to refuse refugee status.
