Shimkova, Re Application for Judicial Review

judicial review of a decision of an Immigration Appeal Adjudicator and a decision of the Home Department communicated by letter dated 13.6.2002

"I suffered persecution from my boyfriend as I refused to sell myself for him. I was beaten up by him severely and when I could not receive help from the police, I decided to leave the country."

"7... the Secretary of State considers that the reason you have given for claiming a well founded fear of persecution under the terms of the 1951 United Nations Convention relating to the Status of Refugees is not one that engages the United Kingdom's obligations under the convention. Your claim is not based on a fear of persecution in Ukraine because of race, religion, nationality, membership of a particular social group or political opinion.

"It is not true that I did not approach the state authorities looking for protection against attack and harm. Twice I raised the issue with the militia (police) and twice they said that they would not proceed against my boyfriend because there was no proof that the alleged [incident] took place. I was refused help firstly on 13 November 2001 and the second time on 4 February 2002. The perpetrators were not to be found therefore there was no possible way to secure a prosecution.

Because the militia could not prosecute for me I went to the Regional Administration of Justice. When I got a response from them it was just that I could go to the higher authorities. I then wrote to the High Council of Justice of the Ukraine. There I was told it could [not] possibly consider all applications from all citizens and check if the facts as stated were real.