French Council of State: National Court of Asylum must verify all clauses on cessation of refugee status

Date: 
Thursday, December 28, 2017

On 28 December 2017, the French Council of State ruled in case no. 404756 regarding a Congolese national who had successfully appealed before the French National Court of Asylum (CNDA) against the cessation of his refugee status. The CNDA ruled that the reason for which the French Office for the Protection of Refugees and Stateless Persons (OFPRA) had decided to cease the applicant’s refugee status was unfounded.

The French Council of State ruled that, when deciding on an appeal against the cessation of one’s refugee status, the French National Court of Asylum must not limit itself to examining the specific reason for cessation raised by OFPRA and must, instead, examine if any of the cessation clauses of Article 1C of the 1951 Refugee Convention apply in that case. Therefore, the Council of State quashed the lower court’s ruling and referred the case back to the CNDA for a new decision.

Based on an unofficial translation by the ELENA Weekly Legal Update.

 

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Keywords: 
Cessation of protection