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14/10/2021
FR: The CNDA ruled that that all minor children of a beneficiary of subsidiary protection must be able to benefit from this same protection, including those born after this protection was granted.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Applicants v French Office for the Protection of Refugees and Stateless Persons (OFPRA), Nos 21018964, 21018965, 21018966 and 21018967, 14 October 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2062
Case history
Other information
Abstract

The applicants are nationals of Sri Lanka and they are the children of a beneficiary of subsidiary protection. They were born after the beneficiary received international protection and they requested asylum themselves before the OFPRA. By decision of 12 March 2021, the OFPRA rejected their request. 


On appeal, the CNDA held that all minor children of a beneficiary of subsidiary protection must be able to benefit from this same protection, including those born after this protection was granted to him. It annulled the OFPRA decisions and provided subsidiary protection as a derivative right.


The court based its decision on the best interest of the child provided in the 1989 United Nations Convention on the Rights of the Child as well as the terms of the recast Qualification Directive. 


Regarding the fears in the event of return to Sri Lanka, expressed by their parents on behalf of their children, the court held that they did not appear to be justified.
Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
Nos 21018964, 21018965, 21018966 and 21018967
Date of Decision
14/10/2021
Country of Origin
Sri Lanka
Keywords
Derived right to international protection
Family life/family unity
Minor / Best interests of the child
Source
CNDA