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21/09/2023
FR: The Council of State ruled that participating in a criminal organisation in view of preparing a terrorist act and financing a terrorist undertaking amounted to acts contrary to the purposes and principles of the United Nations under Article 1 F of the 1951 Refugee Convention.

ECLI
ECLI:FR:CECHR:2023:463489.20230921
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
France, Council of State [Conseil d'État], French Office for the Protection of Refugees and Stateless Persons (OFPRA) v M.B.A., No 463489, ECLI:FR:CECHR:2023:463489.20230921, 21 September 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=3816
Case history
Other information
Abstract

The applicant, a Turkish national of Kurdish origin, was granted refugee protection in France on 29 October 2009. On 17 December 2013, he was found guilty of participating in a criminal organisation in view of preparing a terrorist act and financing a terrorist undertaking. Upon this conviction becoming final, the OFPRA made the decision to revoke the applicant's protection on 16 January 2019, on the grounds that he was found guilty of acts contrary to the purposes and principles of the United Nations. On 2 February 2022, the CNDA annulled the OFPRA's decision and maintained the applicant's refugee protection. The OFPRA appealed against this decision before the Council of State, requesting to annul it and to send the case back before the CNDA.


The Council of State started by noting that the OFPRA was competent to revoke an applicant's protection in the event where the conditions for exclusion provided by Articles 1 D, E or F of the 1951 Refugee Convention were met. Focusing on Article 1 F, the Council of State noted that terrorist acts, due to their severity, impact and major consequences on international peace and security, amounted to acts contrary to the purposes and principles of the United Nations in the sense of the article.


Thus, the Council of State confirmed that the OFPRA was competent and acted lawfully in revoking the applicant's protection, annulled the contested decision and sent the case back before the CNDA.


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No 463489
Date of Decision
21/09/2023
Country of Origin
Türkiye
Keywords
Terrorism
Withdrawal/End/Revocation/Renewal of Protection
Source
Arianeweb