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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 13/03/2020
Type : Judgment
ECLI : ECLI:FR:CECHR:2020:423579.20200313
Case Number/Citation/ Document Symbol : no. 423579

Applicant (Sri Lanka) v CNDA (National Court of Asylum) [Cour Nationale du Droit d'Asile]

Sri Lanka

FR: Council of State held that actions in support of an organization that commits, prepares or incites terrorist acts, by participating significantly in their financing, constitute acts contrary to the purposes and principles of the United Nations

The case concerns the interpretation of the meaning of 'purposes and principles of the United Nations within the meaning of Article 1 F c) of the Geneva Convention'. The applicant is a Sri Lankan national who had his refugee status withdrawn by OFPRA on 24 November 2016, in application of Article L711-4 3 of CESEDA, after his criminal conviction for acts in connection with a terrorist organization, on the grounds that there were serious reasons for believing that he had been guilty of acts contrary to the purposes and principles of the United Nations, in his capacity as responsible for fundraising organized by the Tamoul France Coordination Committee (CCTF), dissolved in 2012 due to its links with the Liberation Tigers of Tamil Eelam (LTTE) and appearing on the Council of the European Union list relating to the application of specific measures to combat terrorism. The CNDA rejected the applicant's appeal on 4 July 2018.
The Council of State recalled its definition of terrorist acts comparable to acts contrary to the purposes and principles of the United Nations since they have an international scope in terms of seriousness, international impact and implications for international peace and security. Actions in support of an organization that commits, prepares or incites the commission of terrorist acts, in particular by participating significantly in its financing, also constitute such actions.
The Council of State insisted on the applicant's contribution to this fundraising for five years for the benefit of the LTTE, who committed violent acts of international significance during this period. Moreover, the Council of State recalled that the circumstance of having served the sentence or the fact of not representing a threat to public order has no impact as the relevant legal provisions link the application of this exclusion clause to the existence of a current danger to the State of refuge.
Regarding the principle of the adversarial nature of the procedure, the Council of State held that this is respected since the CNDA does not base its decision on documents which have not been communicated to the parties.

Cessation of protection; Exclusion; Terrorism;

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

EASO IDS

France, Council of State [Conseil d'État], Applicant (Sri Lanka) v CNDA (National Court of Asylum) [Cour Nationale du Droit d'Asile], no. 423579, ECLI:FR:CECHR:2020:423579.20200313, 13 March 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1301