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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 : 15/02/2018
Type :
ECLI :
Case Number/Citation/ Document Symbol : n. 14020621

M.G. (Afghanistan) v OFPRA (Office Français de Protection des Réfugiés et Apatrides)

Afghanistan

FR: Refugee’s credibility was unaffected by the fraudulent representation of certain dates during the asylum procedure

Ruling after the cancellation of its decision by the Council of State, the CNDA rehearsed the case of an Afghan national of Hazara origin from the province of Ghazni who belonged to the Afghan local police. Assessing on the decision of the OFPRA to withdraw the status of refugee for fraud, the court considered that if the proven fraud affected the chronology of the facts presented by the interested party, it did not undermine the credibility of his statements as to the circumstances of his departure from Afghanistan and the merits of his fears of persecution by the Taliban, which stem from his ethnic origin and his confessional affiliation, as well as the political views attributed to him.

With regard to exclusion, the court found that the situation in Afghanistan at the relevant time represented an ‘internationalised internal armed conflict’. It stated that M. G. had initially spontaneously admitted to having tortured Taliban prisoners while interrogating them, but had later denied these statements, and that he had failed to provide a convincing explanation for these contradictions. It found that M. G.’s statement that he had acted under his commander’s orders did not exonerate him from individual responsibility. It determined that there were therefore serious reasons for considering that he had committed a war crime and that he should be excluded from refugee status under Article 1F(c) of the Refugee Convention.

Afghanistan; Credibility; Exclusion; Renewal/Withdrawal/Revocation of Protection;

National law only (in case there is no reference to EU law/ECHR);

France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M.G. (Afghanistan) v OFPRA (Office Français de Protection des Réfugiés et Apatrides), n. 14020621 , 15 February 2018. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=617