France - National Asylum Court, 13 February 2012, M.D., No. 11026661

Country of Decision:
Country of Applicant:
Date of Decision:
13-02-2012
Citation:
CNDA, 13 February 2012, M.D., n° 11026661
Court Name:
National Asylum Court
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
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Headnote: 

The fears of an Applicant originating from a refugee camp near Tindouf were considered with regard to the Self-Proclaimed Sahrawi Arab Democratic Republic (SADR), taken as a de facto authority. 

Facts: 

The Applicant was born and had always lived in a refugee camp near Tindouf, on Algerian territory. He expressed fears with regard to the authorities of the Self-Proclaimed Sahrawi Arab Democratic Republic (SADR) based on his opposition to the Polisario Front. 

Decision & Reasoning: 

First of all, the Court recalled that the camps were managed by Sahrawi authorities appointed by the refugees and exercised administrative, policing, legal, military and political power there, with the full agreement of the Algerian authorities. These de facto authorities exercised sole power over this territory. In this particular case, since the Applicant did not hold either Moroccan or Algerian nationality, the Court examined his fears with regard to the SADR, the de facto authority. 

On the merits, relying, in particular, on the statements made by the Applicant and various items of information on the country of origin which condemned the repressive attitude of the self-proclaimed SADR authorities in relation to opponents of the Polisario Front, the Court considered that the Applicant had a well-founded fear of persecution on political grounds in the event of a return to the self-proclaimed SADR refugee camps.     

Outcome: 

The Applicant’s refugee status was recognised.