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Slovakia / Najvyšší súd Slovenskej republiky / 10Sža/4/2016

Applicant Y v the Ministry of Interior of the Slovak Republic

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court of the Slovak Republic
Decision date:

Key facts of the case: 

The applicant, a woman of a Vietnamese origin was appealing against the decision of the Ministry of Interior not to include her in the program of support and protection of victims of human trafficking. The applicant argued that by not having access to the decision (which was only sent to the International Organization for Migration, which is not her legal representative), her rights have been breached. While the Regional Court decided on the merits of the case and decided that the decision on the inclusion to the programme for protection is an individual administrative act, changing the status of the person and thus has to be predictable and available for judicial review. The regional Court decided favourably for the applicant, but regarding the fact that this was the first case in the Slovak Republic  in the issue of legal conditions in the process of inclusion in the programme for victims of human trafficking, the applicant decided to appeal to the Supreme Court in order to clarify different legal consequences of deciding that the decision on non-inclusion in the program is indeed an individual administrative act, a decision of an administrative body which is therefore subject to judicial review and has legal and practical consequences for other victims of human trafficking.

The polemics the applicant further wanted to clarify was her status as a party in the administrative procedure and the status of IOM in relation to the rights of the applicant as a party to the administrative procedure. Further the applicant claimed she has a right to appeal against the decision, even if the Directive of the ministry of Interior concerning the programme does not mention it as a possibility.

Outcome of the case: 

The Supreme Court decided on the merits of the appeal under the Regional court as well as in the case that preceded it and decided that the appealed judgment has to be annulled on the grounds that the applicant was deprived of her right to act before the court by the decision of the court of first instance.