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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 09/07/2021
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : No 448707

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

The applicant, a national of Afghanistan of Hazara ethnicity, requested international protection in France due to the fear of persecution based on wthnic origin. His request was rejected on 12 November 2018 by the Office for the Protection of Refugees and Stateless Persons (OFPRA) and the National Court of Asylum (CNDA) rejected the appeals lodged by the applicant.

On appeal before the Council of State it was decided that the CNDA correctly qualified the facts of the case and rejected the appeal lodged by the applicant. The Council noted that the CNDA correctly rejected the request for refugee status as there was no evidence to support the personal fear of persecution based on his ethnic origin. The CNDA had correctly relied on reports of the UN Assistance Mission in Afghanistan (UNAMA). Regarding the applicant's request for subsidiary protection, the Council analysed the situation in Kabul, which the applicant would need to transit, and in the province of Herat, where he would have to return. The Council noted that the CNDA had based its conclusion on reports of the UN, EASO and international organisations. This evidence showed that the number of victims and security incidents had decreased, while admitting the volatile nature of the situation, and the return to the country of many people. The CNDA also noted also noted that in some provinces there was no open fighting or persistent or uninterrupted clashes, but incidents whose scale and intensity of violence are much less than in the provinces where open fighting took place. In general, the security situation was marked by strong regional differences in terms of level or extent of the violence and impact of the conflict raging in the country. Regarding the situation in Kabul, the court noted in particular the strong demographic and urban growth, the absence of open fighting and the fact that civilians are not the main targets of insurgent groups in Kabul, as well as the relative decrease in the number of victims and the flow of people seeking refuge there. 

As for the situation in Herat, the Council noted that the CNDA took into account the number of victims, incidents and people displaced or returning to the province as well as the methods employed, the intensity of the fighting and the preferred targets. The Council concluded that while the security situation prevailing in these different areas resulted in a significant level of violence, it was not characterized by a level of violence likely to extend to people without consideration of their personal situation.

Thus, the CNDA had not incorrectly characterize the facts of the case.

Afghanistan;

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;

EASO IDS

France,FR: Council of State [Conseil d'État], M. (Afghanistan) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 09/07/2021
FR: The Council of State confirmed the CNDA's assessment that the security situation in Afghanistan, particularly in Kabul and Herat, did not warrant the granting of international protection for a Hazara ethnic.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1880

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