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06/04/2023
FR: The CNDA ruled that the Somali region of Hiran is experiencing a situation of indiscriminate violence of exceptional intensity.

ECLI
Input Provided By
EUAA IDS
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.A. v Office for the Protection of Refugees and Stateless Persons (OFPRA), No 20045459 C+, 06 April 2023. 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=3329
Case history
Other information

The CNDA applied EUAA's Country Guidance on Somalia, from August 2023:

France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Mme M. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 22040462 C+, 20 September 2023. Link redirects to the English summary in the EUAA Case Law Database.

France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M. D. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 22040929, 20 September 2023. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

An applicant from Somalia requested international protection in France, which was rejected by the Office for the Protection of Refugees and Stateless Persons (OFPRA). On appeal, the National Court of Asylum (CNDA) considered that the statements of the plaintiff, from the city of Beledweyne, did not prove to be credible concerning the attempted ransom and the violence by the jihadist group Al-Shabaab, to which he claimed to have been subjected. However, the CNDA provided subsidiary protection, considering that, if returned to the country of origin, the applicant would run, solely by mere presence in his region of origin, a real risk of suffering a serious threat to his life or person without being able to obtain protection from the authorities of his country. The court considered that this threat was the consequence of a situation of violence, resulting from an internal armed conflict, likely to spread indiscriminately to civilians.


The CNDA based its decision on reports of the EUAA, among others. It highlighted security incidents, the number of civilian victims and the displacement of populations generated by armed conflict which mainly opposes the forces of the Somali federal government, assisted by the African Union Transition Mission in Somalia (ATMIS), to Islamist militiamen.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 20045459 C+
Date of Decision
06/04/2023
Country of Origin
Somalia
Keywords
EUAA COI Reports
Indiscriminate violence
Subsidiary Protection
Source
CNDA
Other Source/Information
CNDA press release