Author
Ukrainian legislation does not foresee an accelerated procedure. Cases in which the SMS, at the stage of lodging the application, examined in practice the case on partial admissibility and merits by invoking the absence of the conditions provided in Article 1(1,13) of the Law on Refugees were recognised by the Supreme Court as a violation of the asylum procedure. The court confirmed the findings of the courts of lower instances that the territorial body of the SMS had violated the procedure for considering the plaintiff’s application, and therefore made erroneous and premature conclusions. When considering the application, the territorial body of the SMS had no grounds for refusing to process the documents.[1]
[1] Supreme Court, case no. 815/1016/16, 26 February 2018, available in Ukrainian here.