Paweł Dąbrowski

Rozstrzyganie spraw o udzielenie ochrony międzynarodowej obywatelom Ukrainy w świetle koncepcji alternatywy ochrony wewnętrznej w kraju pochodzenia

Introduction

Rozstrzyganie spraw o udzielenie ochrony międzynarodowej obywatelom ukrainy w świetle koncepcji alternatywy ochrony wewnętrznej w kraju pochodzenia. Artykuł ocenia zasadność alternatywy ochrony wewnętrznej (IFA) dla obywateli Ukrainy w polskim systemie azylowym. Analiza trudności uchodźców i orzecznictwa ETPCz.

Abstract

The annexation of Crimea by Russian Federation and hostilities on Eastern Unkraine clearly marked Polish asylum system. Above six thousands citizens of Ukraine, whose place of origin mainly was region of Donbas and Crimea, lodged asylum applications in Poland over the years 2014-17. Most of their cases were considered as an unfounded by Polish authorities in the light of internal flight alternative (IFA) concept due to territoral scope of military hostilities in country of origin. The article is focused on accuracy of this concept to Ukrainian cases. The crucial point is so called „rationality test” of IFA which result is often not obvious, what is particularly connected with bad material situation of internal displaced people in Ukraine, among others poverty, unemployment and difficulties with finding some flat. The author analyzes the case-law of the European Court of Human Rights in similiar cases. 

Review

This article critically examines the application of the internal flight alternative (IFA) concept to Ukrainian citizens seeking international protection in Poland following the 2014 annexation of Crimea and hostilities in Eastern Ukraine. The timely and highly relevant research addresses a significant challenge within the Polish asylum system, where a substantial number of Ukrainian applications between 2014 and 2017 were rejected based on the premise that internal relocation was a viable and reasonable option. By focusing on the accuracy and fairness of these determinations, the author highlights a crucial area of legal and humanitarian concern that has broader implications for asylum systems dealing with internal displacement. The core of the article’s critique centers on the "rationality test" inherent in the IFA concept, arguing that its application to Ukrainian cases often overlooks critical on-the-ground realities. The author meticulously connects the difficulties faced by internally displaced persons (IDPs) in Ukraine – including widespread poverty, high unemployment rates, and severe housing shortages – to the practical feasibility and reasonableness of internal relocation. This detailed analysis is further bolstered by an examination of the case-law of the European Court of Human Rights concerning similar scenarios, providing a robust comparative framework to evaluate the Polish authorities' decisions and the adequacy of the IFA framework in such complex humanitarian contexts. Overall, this contribution offers a valuable and much-needed critical perspective on the implementation of the internal flight alternative, particularly in situations of conflict-induced displacement. The article’s in-depth analysis of the "rationality test" and its practical consequences for Ukrainian asylum seekers in Poland serves as an important resource for policymakers, legal practitioners, and scholars. By shedding light on the often-overlooked material conditions that undermine the premise of internal relocation, it significantly enhances our understanding of the challenges in fair asylum adjudication and provides a compelling argument for a more nuanced and context-sensitive application of international protection principles.

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