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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 28/02/2019
Type : Judgment
ECLI : ECLI: FR: CECHR: 2019: 414821.20190228
Case Number/Citation/ Document Symbol : 414821

MB.A. (Rwanda) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 25/01/1999]

According to the national contribution to the EMN Report on Migration and Asylum 2019:

The Council of State rejected the applicant’s appeal (for which the Office entered an appearance in defence), thus confirming the denial of international protection to a Rwandan national, a senior officer of the Rwandan armed forces since 1993 who had been acquitted on appeal at the ICTR in 2014. The Council of State held that, in particular, res judicata arising from an international criminal jurisdiction (or indeed from a French criminal jurisdiction) only applied to the findings of fact, and not to the reasoning behind a judgement of dismissal or acquittal stemming from an inability to substantiate the allegations or assuage doubts as to their veracity. It also recalled that the standard of “serious reasons for considering” implies a lesser degree of proof than that required in criminal proceedings.

Assessment of Application; Second Instance determination;

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

EASO Annual Report on the Situation of Asylum in the EU

France,FR: Council of State [Conseil d'État], MB.A. (Rwanda) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 25/01/1999], 28/02/2019, ECLI: FR: CECHR: 2019: 414821.20190228
FR: The Council of State recalled that the standard of “serious reasons for considering” implies a lesser degree of proof than that required in criminal proceedings

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=991