France - National Asylum Court, 18 Octobre 2012, Mlle K., No. 12015618

Country of Decision:
Country of Applicant:
Date of Decision:
18-10-2012
Citation:
CNDA, 18 octobre 2012, Mlle K., n° 12015618
Court Name:
National Asylum Court (CNDA)
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
Printer-friendly versionPrinter-friendly versionPDF version of SummaryPDF version of Summary
Headnote: 

Persecution at the hands of political authorities acting for political reasons and with a political objective although not arising from the actual or imputed opinions of the individual concerned.

Facts: 

The Applicant claimed she was afraid of persecution if she were to return to her country, having been the victim of very serious violence at the hands of the Mai Mai militia leaderwho was now in charge of the Congolese National Police for the Masisi-Centre region. The Ofpra rejected the Applicant’s asylum application and she appealed to the CNDA.

Decision & Reasoning: 

The CNDA held that, “even if it does not arise from the actual opinions of the individual concerned or even from opinions attributed to her, the persecution [feared by the Applicant] must be considered, with regard to the nature of the perpetrators, the objectives pursued and the methods employed by them, as constituting persecution of a political kind” in the sense of Article 1A2 of the 1951 Refugee Convention, seen in the light of the provisions of Article 10(1)(e) of the Qualification Directive.

The CNDA found that the Applicant had reason to fear being persecuted on political grounds if she were to return to her country.

Outcome: 

The Applicant’s refugee status was recognised.