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France - CNDA, 14 April 2010, Mr. K., n°09004366
Country of Decision:
Country of Applicant:
Date of Decision:
14-04-2010
Citation:
Cour nationale du droit d’asile, 14 avril 2010, M.K., n°09004366
Court Name:
National Asylum Court/Cour nationale du droit d’asile (CNDA)
Relevant Legislative Provisions:
International Law > 1951 Refugee Convention > Art 1A (2)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 2
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 9
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10 > Art 10.1 (e)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 2
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 9
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10 > Art 10.1 (e)
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
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Headnote:
Even though the threats did not originate from the political opinions actually held or imputed to the applicant, they have to be considered as persecution for political grounds within the meaning of the 1951 Refugee Convention, as interpreted in light of Article 10.1(e) of the Qualification Directive, considering the nature of the persecutors, their goals and their methods.
Facts:
The applicant, of Russian nationality and Chechen origin, had an uncle who fought in the two Chechen conflicts and who was still suspected by the authorities of the federal Republic of Chechnya to have contacts with the rebels. This uncle went into hiding in order to escape constant violence. The applicant was subjected to very violent interrogations on behalf of his uncle. He was arrested and released for a large sum of money. After attending hospital in Dagestan, he fled to France.
The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected his asylum application. He challenged this decision before the National Asylum Court (Cour nationale du droit d’asile, CNDA).
Decision & Reasoning:
The CNDA considered that the applicant was subjected to persecution by the authorities of the federal Republic of Chechnya, whose objective was, to put pressure on his uncle.
After citing the provisions of Article 10.1(e) of the Qualification Directive, the CNDA considered that threats to which the applicant would be subjected in case of return to Russia emanated from political authorities acting for political reasons and with a political goal.
Therefore, the CNDA found that even though these threats did not originate in opinions which the applicant actually held or which were imputed to him, they had to be considered as persecution for political grounds within the meaning of the 1951 Refugee Convention, as interpreted in light of Article 10.1(e) of the Qualification Directive, considering the nature of their authors, their goals and their methods.
The applicant had a well-founded claim for refugee status.
Outcome:
The applicant was granted refugee status.
