The Court of Appeal has, for the first time, overturned a decision by the Administrative Court of International Protection, ruling that international protection status was “incorrectly granted” to a third-country national.

Despite rejecting the applicant’s request for refugee status, the court ordered a re-examination of the case and the granting of subsidiary protection through the administrative court.

According to the Court of Appeal, the lower court’s decision was based primarily on the applicant’s “aggravating personal circumstances,” particularly her medical needs, which she claimed would not be met in her home country. However, the court found that the security situation in her village of origin was not severe enough to pose a real risk of harm upon her return.

In its review, the Court of Appeal ruled that the lower court had misjudged the applicant’s personal circumstances and medical requirements, noting that she had previously refused treatment offered by the Republic’s state medical services.