A., of Kazakh nationality, was granted subsidiary protection by the Office for the Protection of Refugees and Stateless Persons (OFPRA) on 16 December 2013 due to serious attacks which he was subject to by the mayor of his village after he opposed to the extortions of funds which he was a victim of. On 5 June 2019, the Prefecture of the Pyrénées-Nexques informed the Ministry of the Interior and the Office for the Protection of Refugees and Stateless person (OFPRA) that he was very unfavourably known by the police and that he was sentenced on 4 April 2019 by the Criminal Court to 8 months imprisonment for damage to or deterioration of property belonging to others, violence with use, or threat of a weapon, repeated threat of death, and violence with the use or threat of a weapon. OFPRA then learned that he had also been sentenced on two other occasions for violence on a person in public service, threat of death and damage to property. The Office was also informed that the penitentiary service for integration and probation of the Pyrénées-Atlantiques underlined the difficulties in following up the applicant because of his violence and dangerousness and that the departmental territorial intelligence service (SDRT) of Pau underlined in a note the terrorist radicalization of the person concerned. The OFPRA therefore ended the subsidiary protection of A., who appealed the decision on grounds that the facts happened throughout a period of psychological difficulties for him and that he would need support for this.

The CNDA noted that, even though A. was sentenced three times and with minor sentences, the high number and the reiteration of the crimes and violence of which he was guilty over a short period of time, and the acceleration of the pace of these acts and their nature, show a logic of repeated violence against his relatives as well as various actors who attempted to provide assistance and a systematic challenge with authorities and criminal law. The court noted that the nature and accumulation of these acts since A.’s arrival in France, demonstrate the danger, current and future, posed by the individual. The CNDA ruled that there are serious reasons to believe that the presence and activity of A. in the territory constitute a threat serious for public order, public security or state security within the meaning of the provisions of article L. 712-2 of the code on the entry and stay of foreigners and the right of asylum (CESEDA). The Court also noted that, contrary to what was claimed by A., the necessary medical coverage for his pathology would be available to him in Kazakhstan, therefore minimising the risk of deterioration of his health and establishing that he would not be at risk of persecution or serious harm for this reason. For these reasons, the CNDA upheld the OFPRA decision to exclude A. from subsidiary protection and ruled that there are no other motives to grant him international protection.