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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 : 31/12/2018
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : Decision no. 17013391

M.O. (Russia) vs OFPRA (Office Français de Protection des Réfugiés et Apatrides)

As per CNDA's press release: Confirming the decision of the OFPRA, the CNDA terminates the refugee status of a Russian national of Chechen origin, a multi-recidivist offender implicated in more than 20 proceedings, sentenced to eighteen months in prison. During his imprisonment and before being removed from French territory to his country of origin (in execution of an urgent deportation order), he committed acts of proselytism, propaganda or apology of the terrorist organization known as "Islamic State". The Court considers that the absence, on the date on which it takes a decision, of the person concerned from French territory by reason of his expulsion did not preclude the application of Article L. 711-6, 1 ° CESEDA. It considers that the dangerous of the person concerned because of his obvious allegiance to a terrorist organization that operates on French territory and that advocates direct action against state officials constitutes a serious threat to the security of the State.

Refugee Protection; Return/Removal/Deportation;

European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; 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)], M.O. (Russia) vs OFPRA (Office Français de Protection des Réfugiés et Apatrides), 31/12/2018
FR: CNDA stated that a refugee's expulsion shall not prevent the person from being considered a serious threat to the security of the State justifying the termination of his refugee status according the national legislation.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=611