A. (Somalia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA)
A., Somalian national, was refused international protection and in the appeal procedure CNDA upheld OFPRA decision, after having assessed that there is no risk of a serious and individual threat to her life or person as a result of the armed conflict. It ruled that this risk should be assessed in the event of a return to Mogadishu rather than Galgaduud, since she "left this region at the age of eight, did not return and had the focus of her interests in Mogadishu before her departure from her country".
The CNDA followed the same line as in its own decision of 16 December 2020 in case M.Y. v. OFPRA and based extensively its analysis on country of origin information, from various sources, including inter alia EASO Country of Origin Information Report on South and Central Somalia, March 2019, and EASO Judicial analysis report on the country of origin information, 2018.
The CNDA thoroughly assessed relevant updated sources on country of origin information to determine the level of indiscriminate violence prevailing in this region and to conclude that there is not such a level that any person would be exposed to it solely because of his presence to a serious and individual threat to his life or person. The Court considered mainly that the security accidents caused by the parties to the conflict and in particular by the Al-Shabaab militia men, do not indiscriminately target the civilian population but target in a privileged way the organs of power and international organizations and that no mass displacement of population is observed in the Benadir region, to which the city of Mogadisico is administratively attached. Moreover, it noted that the Somali capital is experiencing some economic recovery.
The CNDA also noted that the applicant did not adduce any evidence of specific elements related to her personal situation as to justoify that she would be personally exposed to the effects of the indiscriminate violence. The Court also mentioned in its reasoning the CJEU case Elgafaji, 17 February 2009.
Assessment of Application; Asylum Procedures/Special Procedures; Country of Origin Information; EASO COI Reports; EASO Professional Development Series;
CNDA collection of jurisprudence
France,FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], A. (Somalia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 05/02/2021FR: The CNDA upheld OPFRA negative decision since the conditions for subsidiary protection are not met in the case of a Somalian applicant, based on updated country of origin information regarding the situation in Mogadishu