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08/02/2023
FR: The Council of State ruled that the CNDA could not annul a decision of the OFPRA revoking the protection of an applicant sentenced for serious non-political crimes in another EU Member States on account that the facts would be characterised differently under French law.

ECLI
ECLI:FR:CECHR:2023:463014.20230208
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.C.B., No 463014, ECLI:FR:CECHR:2023:463014.20230208, 08 February 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=3899
Case history
Other information
Abstract

The applicant, an Afghan national, was granted refugee status in France on 31 March 2014. On 15 February 2013, he received a final decision from a Hungarian criminal court finding him guilty of trafficking in human beings. Upon finding out about this conviction, the OFPRA made the decision to revoke the applicant's protection on 27 February 2018, on the grounds that he was found guilty of serious non-political crimes. On 7 February 2022, the CNDA annulled the OFPRA's decision and maintained the applicant's refugee status. The CNDA based its decision on the argument that, in light of the date of the incidents, the absence of participation in an international organised criminal network and the low sums received by the applicant, the offence of trafficking in human beings could not be characterised in French law. 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 noted 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. The court then added that the CNDA was not competent to question the qualification used by the Hungarian court and authorities, and in doing so, did not properly characterise the facts of this case.


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 463014
Date of Decision
08/02/2023
Country of Origin
Afghanistan
Keywords
Afghanistan
Serious (non-political) crime
Trafficking
Withdrawal/End/Revocation/Renewal of Protection
Source
Arianeweb