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03/07/2023
FR: The CNDA confirmed the OFPRA's decision to revoke the international protection of an applicant who was granted refugee status on the basis of the principle of family unity as a minor, after he turned 18 and broke all ties of material or moral dependency with his father through whom he obtained international protection.

ECLI
Input Provided By
EUAA IDS
Type
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M. O. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 23010385 C+, 03 July 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=3712
Case history
Other information
Abstract

The applicant, a national of the Democratic Republic of the Congo, was granted refugee status as a minor based on the principle of family unity, as his father had been recognised as refugee previously. On 30 January 2023, the OFPRA revoked the applicant’s international protection. The OFPRA justified its decision on the grounds that the circumstances thanks to which the applicant was granted refugee status ceased to exist. The applicant appealed against this decision on 8 March 2023.


The court started by recalling that a change in the circumstances which justified the applicant being granted refugee status could lead to the revocation of his international protection. It then recalled the principle of family unit and noted that the applicant, who had been granted refugee status on this basis as a minor, had since turned 18 and broken all material or moral ties with his father. Thus, the circumstances which justified his recognition as refugee ceased to exist so that the OFPRA was free to revoke his international protection. Thus, the CNDA rejected the appeal and confirmed the contested decision.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 23010385 C+
Date of Decision
03/07/2023
Country of Origin
Democratic Republic of the Congo
Keywords
Derived right to international protection
Family life/family unity
Refugee Protection
Withdrawal/End/Revocation/Renewal of Protection
Source
CNDA
Other Source/Information
CNDA Press release