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04/10/2021
FR: The CNDA recognised a former Liberian child soldier as a refugee due to the exceptional severity of the persecution he suffered until 2003.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M.C. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21019250, 04 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=2216
Case history
Other information
Abstract

The applicant, a former child soldier from Liberia, requested international protection in France, arguing that if returned to Liberia he would be subjected to persecutions due to his belonging to the group Liberians United for Reconciliation and Democracy (LURD). The applicant argued that his father was assassinated in 1989 by rebels of the armed movement of Charles Taylor. In 2001, government paramilitary forces murdered his mother and abducted his sister, while they arrested, mistreated and jailed him for three days. Hoping to avenge his parents and find his sister, he then approached the rebel group LURD fighting against government forces. He underwent training during which he was subjected to threats and ill-treatment, he managed to escape, at the age of 14, and he fled to Guinea.


On 26 February 2021, the OFPRA rejected his request and the applicant appealed. The CNDA allowed the appeal and recognized refugee status. The court noted that while the applicant's fears in the event of return to Liberia did not appear to be justified in view of the long time which has elapsed since his departure, as significant changes in political circumstances occurred since then, the court nevertheless considered that his enlistment in LURD when he was 12 years old should be regarded as a war crime constituting persecution and that these persecutions, having regard to their exceptional gravity, could justify the refusal of the applicant to claim the protection of the current Liberian authorities. In particular, the court took into account the intensity and the permanence of the psychological sequelae that still affect the applicant. 


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21019250
Date of Decision
04/10/2021
Country of Origin
Liberia
Keywords
Exclusion
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription
Minor / Best interests of the child
Vulnerable Group
Source
CNDA