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30/12/2022
FR: The National Court of Asylum ruled that the situation of indiscriminate violence in the Kharkiv Oblast justified the granting of subsidiary protection.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
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)], C. v Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21060196 C+, 30 December 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=3186
Case history
Other information
Abstract

C., a Ukrainian national, applied for asylum in France. Her application was rejected by OFPRA in September 2021.


C. appealed this decision. She claimed she feared persecution and serious harm in her country, due to being threatened by her sister-in-law for reasons related to her late husband’s inheritance. She also stated that due to Russia’s invasion of Ukraine, the security region in the Kharkiv region (where she comes from) can be qualified as a situation of indiscriminate violence.


The National Court of Asylum stated that C.’s declarations on the reasons why she left her country of origin lacked precision and coherence and did not allow to establish a well-founded fear of persecution.


The court noted, however, that the current war on Ukraine can be qualified as an international armed conflict, and that Russia’s methods and war tactics have had an impact on the entire Ukrainian territory. The court further specified that the security situation in Ukraine can currently be characterised by a significant level of violence, which differs in degree from region to region in terms of intensity and impact on the civilian population. For this reason, the mere invocation of Ukrainian nationality is not sufficient, by itself, to establish the merits of an application for international protection.


It also specified that between April and July 2022, intense combat was observed, particularly in Mariupol and in the Kharkiv Oblast, which had an impact on civilian population. The court, citing data published by various organisations (UNHCR, IOM, OCHA, ACLED, Human Rights Watch) also stated that almost 91% of all registered security incidents took place in the Southern macro-region of Ukraine, where the Kharkiv Oblast is located, and that 21% of internally displaced persons originate from Kharkiv, which can be considered one of the most impacted areas in the war.


The court concludes that the security situation in the Kharkiv Oblast can be considered as one of indiscriminate violence of exceptional intensity and that C.’s mere presence in the Kharkiv territory would imply a real risk of serious harm. For this reason, the court granted C. subsidiary protection.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21060196 C+
Date of Decision
30/12/2022
Country of Origin
Ukraine
Keywords
Country of Origin Information
First Instance determination
Indiscriminate violence
Subsidiary Protection
Other Source/Information
Press release