Skip Ribbon Commands
Skip to main content
03/05/2022
FR: The Council of State annulled a CNDA judgment refusing subsidiary protection to a Syrian national and held that the CNDA did not analyse the situation in Syria.

ECLI
ECLI:FR:CECHS:2022:449396.20220503
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
France, Council of State [Conseil d'État], A.B. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 449396, ECLI:FR:CECHS:2022:449396.20220503, 03 May 2022. 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=2501
Case history
Other information
Abstract

The applicant, Syrian national, requested international protection in France due to the fear of persecution in the country of origin as the applicant had supplied gas to Syrian families in Damascus who had opposed the regime. He was allegedly detained while supplying gas and subjected to ill-treatments. On 18 December 2019 the Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the request. The decision was confirmed by the National Court on Asylum (CNDA) on 11 September 2020, which considered that it was not sufficiently credible that the applicant was from Damascus or that the facts alleged were credible. The court further noted that the medical evidence provided did not show the connection with the facts alleged.


The Council of State held that the CNDA did not sufficiently motivate its decision to reject the request for subsidiary protection. The CNDA had used stereotypical phrases without assessing the degree of violence and the situation in Syria. The decision was annulled by the Council of State and the case sent back to the CNDA.


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No 449396
Date of Decision
03/05/2022
Country of Origin
Syria
Keywords
Indiscriminate violence
Subsidiary Protection
RETURN