France - CNDA, 30 October 2009, M.P., n°640035/08020515

Country of Decision:
Country of Applicant:
Date of Decision:
30-10-2009
Citation:
CNDA, 30 octobre 2009, M.P., n° 640035/08020515
Additional Citation:
Cour nationale du droit d’asile, 30 octobre 2009, M.P., n° 640035/08020515
Court Name:
National Asylum Court / Cour nationale du droit d’asile (CNDA)
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Headnote: 

The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the grounds listed in Article 1A(2) of the 1951 Refugee Convention.

Facts: 

The applicant, who was born in Bhutan, belonged to the Nepali speaking minority. From 1990 on, the Bhutanese government imposed a single language, as well as traditional dress and the Buddhist religion. The Nepali speaking minority suffered from severe repression. Together with his family, the applicant was expelled to India, and Nepal. He then worked in New Delhi where he had a child with a Nepali citizen. He feared being arrested because of his irregular administrative situation. He left India to come to France where he lodged an asylum application. The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected his application. The applicant challenged this negative decision before the Cour Nationale du Droit d’Asile (National Asylum Court) (CNDA).

Decision & Reasoning: 

The Court considered that the applicant could not avail himself of the protection of the Bhutanese authorities which still refuse the return of Nepali speaking citizens who were forced into exile from 1990. The practices used by these authorities in order to exclude some citizens, members of a minority, from the Bhutanese nationality can be considered as persecution since they are linked to one of the grounds listed in Article 1A(2) of the 1951 Refugee Convention.

Outcome: 

The applicant was granted refugee status.