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20/09/2023
FR: The CNDA applied EUAA's Country Guidance on Somalia (published in August 2023) to the regions of Lower Shabelle and Benadir.

ECLI
Input Provided By
EUAA IDS
Type
Decision
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)], M. D. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 22040929 C+, 20 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=3821
Case history
Other information

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.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.

Abstract

The applicant, a Somalian man, applied for international protection in France and the OFPRA rejected his application. The applicant contested this decision before the CNDA, requesting the court to grant him refugee status, alternatively subsidiary protection. Upon analysing the applicant's declarations, the CNDA concluded that they did not suffice to establish his qualification as a refugee under the 1951 Refugee Convention. Turning to subsidiary protection, the CNDA noted that the applicant came from the region of Lower Shabelle and would also have to go through to the region of Benadir if returned to his country of origin. The CNDA applied the EUAA's Country Guidance on Somalia from August 2023: it noted that although the security situation in Benadir and Lower Shabelle did not reach the level of indiscriminate violence prescribed by article 15(c) of the Qualification Directive to establish that a person faces a serious and individual threat to their life or person from their mere presence there, it is such that a lower threshold of elements of individualisation is required for subsidiary protection to be granted. In this case, the CNDA concluded that the applicant's circumstances did justify the application of subsidiary protection, notably in light of his young age and the total absence of family links in Somalia since his mother's disappearance.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 22040929 C+
Date of Decision
20/09/2023
Country of Origin
Somalia
Keywords
EUAA Country Guidance Materials
Indiscriminate violence
Subsidiary Protection
Source
CNDA
Other Source/Information
CNDA