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France
Country of Decision : France
Court Name : FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Date of decision : 16/12/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : N° 20015807

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

M.Y., Somali national, was rejected international protection by the French Office for the Protection of Refugees and Stateless Persons (OFPRA) by decision of 14 February 2020. On appeal, the applicant invoked a land conflict with a neighbour that would entail a risk of persecution acts and a fear of persecution based on indiscriminate violence in his region, the Lower Shabelle and in the capital, Mogadishu. The French National Court of Asylum (CNDA) first dismissed the request to be granted refugee status as the applicant did not fulfil the requirements of the Geneva Convention and then assessed the application of the subsidiary protection to the case. The CNDA considered it necessary to assess if the conflict in question generates indiscriminate violence that can expose the applicant to serious and individual threat to his life and, if so, such level of violence is identified in the region where the applicant has to return and on the route to reach his area.

The CNDA ruled that the province of Lower Shabelle, the applicant’s area of interest, did not experience an indiscriminate violence of such level as to expose anyone solely by his/her presence to a serious and individual threat to his life or person. Even considering that the applicant would have to enter Somalia through Mogadishu, being closest to his home region, the CNDA stated that the indiscriminate violence was at the same level as it was assessed for his home region, the Lower Shabelle.

The CNDA dismissed the appeal and stated that the applicant did not adduce any evidence as for his personal situation or circumstances to justify that he would be specifically exposed to the effects of this indiscriminate violence.

The court cited EASO, Judicial practical guide on country of origin information, 2018; EASO, Rapport d’information sur les pays d’origine Somalie centrale et méridionale, 2014.

 

Asylum Procedures/Special Procedures; Country of Origin Information; EASO COI Reports; EASO Professional Development Series; Indiscriminate violence; Subsidiary Protection;

Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

http://www.cnda.fr/La-CNDA/Actualites/Protection-subsidiaire-Conflit-arme-la-Cour-procede-a-une-nouvelle-evaluation-du-niveau-de-la-violence-aveugle-generee-par-le-conflit-arme-somalien-dans-la-province-du-Bas-Shabelle-et-a-Mogadiscio

EASO IDS

France,FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M.Y. (Somalia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 16/12/2020
FR: The CNDA rules that the indiscriminate violence in Somalia does not amount to such a level as to grant subsidiary protection to the applicant, also in the absence of personal circumstances to justify it

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1433

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