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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 12/02/2020
Type : Decision
ECLI : ECLI:FR:CECHS:2020:426283.20200212
Case Number/Citation/ Document Symbol : 426283 C

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

Russia

FR: Council of State decided on case concerning Ingushetian whose refugee status was revoked by OFPRA due to national security concerns

The applicant is a Russian national from Ingushetia whose refugee status had been recognized on 31 May 2012. On 20 December 2017, the OFPRA decided to end the applicant's refugee status as it was considered that there were serious reasons to consider that the applicant's presence in France is a threat to national security. The CNDA annulled the decision of the OFPRA. It considered that the applicant's remarks praising terrorism had not been made publicly and considered that the elements relied on by OFPRA, relating in particular to the existence of proceedings against the applicant in Ukraine for criminal association in relation to a terrorism, could not be held to be established, as the applicant had stated that she had been called to the police in Ukraine but she had been left free. The Council of State considered that the CNDA erred when it considered that there was no national security concern simply due to the fact that the applicant's statements had not been made in public. With regard to the procedure in Ukraine, the Council of State held that the CNDA should have made use of its competence to further investigate and not make a decision based only on the applicant's statements. The Council of State annulled the decision of the CNDA and sent the case back to the CNDA for reconsideration.

Exclusion; Refugee Protection; Renewal/Withdrawal/Revocation of Protection; Terrorism;

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

EASO Courts and Tribunals Network

France, Council of State [Conseil d'État], C. A. (Russia) v French Office for the Protection of Refugees and Stateless Persons (OFPRA), 426283 C, ECLI:FR:CECHS:2020:426283.20200212, 12 February 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1066