Skip Ribbon Commands
Skip to main content
France
Country of Decision : France
Court Name : FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Date of decision : 17/10/2018
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : Decision No. 18001386

M.K.S. (DRC) vs OFPRA (Office Français de Protection des Réfugiés et Apatrides)

As per the CNDA's press release: Deciding on the appeal lodged by a Congolese refugee whose protection was terminated by OFPRA on the basis of Article 1 C 5 of the Geneva Convention owing to a significant and lasting change of circumstance in his country's policy. The court considered that the existence of such a change meant that the conditions of operation of the institutions, administrations and security forces and of any group or entity in DRC that might be acts of persecution, in particular by assessing the application of the laws and regulations of the country of origin, the effectiveness of respect for fundamental human rights and the existence of an effective judicial system to detect, prosecute and to punish acts constituting persecution, a system to which the person concerned could have access. The court relied on publicly available sources, including the authoritarian character of the Congolese regime and the widespread practice of political repression, to consider that the current situation in the DRC with regard to the functioning of the institutions, the mode of government and respect for fundamental human rights can not constitute a significant and lasting change that renders unfounded the original fears of persecution of a refugee.

Country of Origin Information; Refugee Protection;

European Convention on Human Rights;

EASO IDS

France,FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M.K.S. (DRC) vs OFPRA (Office Français de Protection des Réfugiés et Apatrides), 17/10/2018
FR: CNDA refused to apply cessation to refugees from Sri Lanka due to the fact that change of circumstances was not of a significant and durable nature.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=614