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France - CRR, 16 January 2007, Mrs. M., n°587557
Country of Decision:
Country of Applicant:
Date of Decision:
16-01-2007
Citation:
Commission des recours des réfugiés, 16 janvier 2007, Mme M., n° 587557
Court Name:
National Asylum Court/Cour nationale du droit d’asile (CNDA/CRR)
Keywords:
Relevant Legislative Provisions:
International Law
International Law > 1951 Refugee Convention
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 4 > Art 4.3
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 4
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 10.2
International Law > 1951 Refugee Convention
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 4 > Art 4.3
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 4
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 10.2
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
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Headnote:
In order to assess the persecution fears of a person in case of return to his/her country of origin, concrete modes in which such a return will most likely take place must be taken into consideration.
Facts:
Mrs. M., a national from Angola of Cabinda’s origin, was involved in the organisation FLEC-FAC, in which her husband was an armed combatant and she was herself a cook. After the violent death of her husband, members of the Angola Armed Forces inflicted serious harm on her and interrogated her. She managed to escape in March 2006 and went to Luanda where she took a plane with her three children to France. She lodged an asylum application at the French Office for the Protection of Refugees and Stateless Persons (Ofpra) which was rejected. On appeal, she requestedthe National Asylum Court/Cour nationale du droit d’asile (CNDA) to quash this decision.
Decision & Reasoning:
The CRR/CNDA stated that, in order to assess the persecution fears of a person in case of return to his/her country, concrete modes in which such a return will most likely take place must be taken into consideration.
In the present case, the CRR/CNDA considered that a national from Angola of Cabinda’s origin who arrives at Luanda’s airport will most likely be identified as such and, given the situation in Cabinda, be subjected to controls and questioning, including regarding the reasons for her/his presence abroad. The CRR/CNDA added that this will further increase the persecution risk of any person of Cabinda’s origin who is seen by the authorities of Angola as close to or as member of the FLEC-FAC organisation.
The Court concluded that the applicant had a well-founded claim for refugee status.
Outcome:
The applicant was recognised as a refugee.
Observations/Comments:
The CNDA (National Asylum Court) was called CRR (“Commission des recours des réfugiés”, Refugee Appeals Board) until the Act n°2007-1631 of 20 November 2007.
