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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 : 09/07/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : No 20015236

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

The applicant is an Afghan national from the province of Baghlān. He requested international protection in France due to an alleged fear of threats from the Taliban movement which led him to leave his country. His request was rejected by the OFPRA and the applicant appealed.

The CNDA allowed the appeal and provided subsidiary protection. The CNDA did not find the applicant's explanations as to the threats he allegedly received from the Taliban movement to be convincing. However, based on the publicly available reports, it concluded that due to the strategic nature of its geographical location, the Baghlān province is the scene of violent fighting having a significant impact on the civilian population. It further noted that the growing intensity of the fighting, in the current context of US withdrawal and intensification of the Taliban offensive, the current situation had reached the level of indiscriminate violence of exceptional intensity. It held that when the violence generated by the armed conflict reaches such a level, the granting of subsidiary protection is justified by the risks against life or the person due to the mere presence of the person concerned in the territory or region concerned, without being necessary to retain particular individual factors. The applicant, whose status as a civilian was not contested, was thus granted the benefit of this subsidiary protection.

The court cited EASO report Country Guidance: Afghanistan, December 2020 and June 2021.

Afghanistan; EASO Country Guidance Materials; 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;

EASO IDS

France,FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], G. (Afghanistan) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 09/07/2021
FR: The CNDA provided subsidiary protection to an Afghan applicant from Baghlān province, assessing that there is indiscriminate violence of exceptional intensity due to the intensification of the conflict in the North-East.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1882

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