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21/12/2021
FR: The CNDA held that the admission of an asylum seeker to a resettlement program in which the United Nations Refugee Agency (UNHCR) takes part in Turkey does not imply that he or she is placed under the strict mandate of the UNHCR.

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 19014405, 19014406, 19014407 and 19014408, 21 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=2327
Case history
Other information
Abstract

A Syrian family from the Rif of Aleppo fled from Syria to Turkey in 2012. There, after being heard by UNHCR and by the OFPRA as part of a resettlement program, the family was admitted to France where the OFPRA granted them subsidiary protection.


The applicants applied to the CNDA for automatic recognition of refugee status in France, pursuant to Article L. 511-1, 2° of the CESEDA, on the grounds that they had been placed under the "strict mandate" of the UNHCR under Article 6 A ii) of its Statute as adopted by the UN General Assembly.


After an investigative measure addressed to the UNHCR, which did not confirm that the family benefited from the strict mandate, the CNDA ruled that although the UNHCR considered that the interested parties satisfied the criteria of Article 1 A 2 of the Geneva Convention and that they could as such be admitted to the resettlement program, such admission is not to be confused with placement under a UNHCR mandate.


The court held that although the applicants benefited from a resettlement procedure carried out by the OFPRA in application of article L. 520-1 of the CESEDA, which led to their admission to France and subsidiary protection being granted, this procedure has no impact on OFPRA's competence to determine the protection status corresponding to the observed need for protection.


The court also recognized the refugee status of the two sons, who had been called to join the army of the regime, as well as to their parents, because of the political opinions attributed to them in consideration of the insubordination of their children.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
Nos 19014405, 19014406, 19014407 and 19014408
Date of Decision
21/12/2021
Country of Origin
Syria
Keywords
EUAA COI Reports
Resettlement
Source
CNDA