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18/03/2019
FR: The Council of State rejected OFPRA's appeal and considered that the exclusion clause is not applicable to the case

ECLI
ECLI: FR: CECHR: 2019: 414740.20190318
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], MC., Mme D. and MA.B. (Iraq) v French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 30/11/2016], 414740, ECLI: FR: CECHR: 2019: 414740.20190318, 18 March 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=992
Case history
Related cases:
Abstract

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

The Council of State rejected OFPRA’s appeal in a case concerning an Iraqi national, who was involved with the Peshmerga, that the Court had recognised as a refugee on the grounds of his fears of persecution from the Islamic State organisation on account of his political opinions. In its appeal, the Office reproached the Court for, in particular, failing to apply the exclusion clause, on the basis of paragraphs b) and c) due to his participation in combat and his posting photographs in which he posed alongside the body of a slain IS combatant on his personal social media account. However, the Council of State considered that the Court had reached its sovereign conclusion that he had posed for this photograph and circulated it upon the orders of his hierarchy, and that there had never been any demonstration of his taking part personally in atrocities. Indeed, the established facts, qualified as mere offences under French criminal law, failed to reach, according to the Council of State, the threshold of gravity required for application of the exclusion clauses.

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
414740
Date of Decision
18/03/2019
Country of Origin
Iraq
Keywords
Exclusion
Iraq
Second Instance determination
Serious (non-political) crime