M.L. (Sri Lanka) v OFPRA (Office Français de Protection des Réfugiés et Apatrides)
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.
In the present case, the court decided to maintain the status of refugee to a a Sri Lankan national of Tamil origin who had been recognized as a refugee in 1991. In October 2017, OFPRA put end to his status under changes in the circumstances in which he had been recognized as a refugee, pursuant to Articles 1 C5 of the Geneva Convention and the L. 711-4 of CESEDA. For the CNDA, while the changes that have taken place in Sri Lanka, in view of the latest publications on this country, appear significant, they can not yet be described as sustainable, since serious violations of fundamental human rights can be described as acts of persecution still taking place, particularly against the Tamil community. In addition, the court notes that the current regime has not taken all appropriate measures to permanently and comprehensively eliminate the factors that led to the applicant's fear of persecution in case of return, as his country still does not have a effective judicial system for detecting, prosecuting and punishing such persecutions, especially when carried out by police or military personnel.
Country of Origin Information; Refugee Protection;
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M.L. (Sri Lanka) v OFPRA (Office Français de Protection des Réfugiés et Apatrides), Decision No. 17047809, 25 May 2018. Link redirects to the English summary in the EASO Case Law Database.