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28/02/2019
FR: The Council of State recalled that the standard of “serious reasons for considering” implies a lesser degree of proof than that required in criminal proceedings

ECLI
ECLI: FR: CECHR: 2019: 414821.20190228
Input Provided By
EUAA Asylum Report
Source
Legifrance
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
France, Council of State [Conseil d'État], MB.A. (Rwanda) v French Office for the Protection of Refugees and Stateless Persons (OFPRA), 414821, ECLI: FR: CECHR: 2019: 414821.20190228, 28 February 2019. 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=991
Case history
Related cases:
Abstract

According to the national contribution to the EMN Report on Migration and Asylum 2019:

The Council of State rejected the applicant’s appeal (for which the Office entered an appearance in defence), thus confirming the denial of international protection to a Rwandan national, a senior officer of the Rwandan armed forces since 1993 who had been acquitted on appeal at the ICTR in 2014. The Council of State held that, in particular, res judicata arising from an international criminal jurisdiction (or indeed from a French criminal jurisdiction) only applied to the findings of fact, and not to the reasoning behind a judgement of dismissal or acquittal stemming from an inability to substantiate the allegations or assuage doubts as to their veracity. It also recalled that the standard of “serious reasons for considering” implies a lesser degree of proof than that required in criminal proceedings.

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
414821
Date of Decision
28/02/2019
Country of Origin
Rwanda
Keywords
Assessment of Application
Second Instance determination