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Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 29/11/2019
Type : Decision
Case Number/Citation/ Document Symbol : 421523 B

M.A. (Russia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA)

The case concerns M.A., a Russian national of Chechen origin, who was granted refugee status on 28 May 2015 based on the principle of family unity. Following his divorce from his wife on 16 November 2015, the OFPRA issued a decision on 3 November 2016 by which it ended the refugee status of M.A. The applicant requested the annulment of the decision but the CNDA dismissed case. The CNDA held that a divorce from the refugee status holder eliminates the circumstances based on which the applicant was provided that status. It further observed that the personal and current fears which the applicant mentioned in the event of return to Russia could not be considered as founded based on the documents in the file and the applicant's statements. It was also held that family life with the applicant's ex-wife and his children (who still enjoyed refugee status) was not an obstacle to ending refugee status for the applicant. The Council of State dismissed the applicant's appeal against the judgment of the CNDA.

Family Reunification; Refugee Protection; Renewal/Withdrawal/Revocation of Protection;

National law only (in case there is no reference to EU law/ECHR);

EASO Courts and Tribunals Network

France,FR: Council of State [Conseil d'État], M.A. (Russia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 29/11/2019
FR: Council of State rules that refugee status can end following divorce, when the status was obtained based on family unity