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03/12/2021
FR: The CNDA provided refugee status to an Ethiopian national of Tigrayan ethnicity due to the fear of persecution for imputed political views favorable to the Tigrayan rebels.

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)], D. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 17051846, 03 December 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=2219
Case history
Other information
Abstract

The applicant, a woman of Ethiopian nationality and Tigray ethnicity, requested international protection in France arguing that she fears persecution in case of return to Ethiopia due to imputed political opinions as she is married to an Eritrean national. Furthermore, she feared for her safety as she was from the Tigray region where she would be exposed to a risk due to the violent conflict between the Liberation Front of the People of Tigray (TPLF) and the government's forces. She further added that she was married to an Eritrean who benefited from refugee status in France. 


By decision of 6 October 2017, the OFPRA rejected her request.


On appeal, the CNDA allowed the applicant's request and recognised refugee status due to her ethnicity. The court looked at various public sources of information to note that there are reports of multiple arrests and targeted abuses against members of this ethnic group and that due to the fact that she belonged to the Tigrayan ethnic group, that she originated from the conflict zone, as well as her Tigrayan accent when speaking Amharic, would expose her to persecution because of political opinions which could be imputed by the authorities.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 17051846
Date of Decision
03/12/2021
Country of Origin
Ethiopia
Keywords
EUAA Other Materials
Ethnicity/race
Political opinion
Source
CNDA
RETURN