France - CNDA, 14 April 2010, Mr. K., n°09004366
| Country of Decision: | France |
| Country of applicant: | Russia (Chechnya) |
| Court name: | National Asylum Court/Cour nationale du droit d’asile (CNDA) |
| Date of decision: | 14-04-2010 |
| Citation: | Cour nationale du droit d’asile, 14 avril 2010, M.K., n°09004366 |
Keywords:
| Keywords |
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Actor of persecution or serious harm
Description
Per Art. 6 QD actors who subject an individual to acts of serious harm (as defined in Art. 15). Actors of persecution or serious harm include: (a) the State; (b) parties or organisations controlling the State or a substantial part of the territory of the State; (c) non-State actors, if it can be demonstrated that the actors mentioned in (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as defined in Article 7. |
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Persecution Grounds/Reasons
Description
Per Article 1A ofthe1951 Refugee Convention, one element of the refugee definition is that the persecution feared is “for reasons of race, religion, nationality, membership of a particular social group or political opinion“. Member States must take a number of elements into account when assessing the reasons for persecution as per Article 10 of the Qualification Directive. |
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Political Opinion
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive the concept of political opinion includes holding an opinion, thought or belief on a matter related to potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant. |
Headnote:
Even though the threats did not originate from the political opinions actually held or imputed to the applicant, they have to be considered as persecution for political grounds within the meaning of the 1951 Refugee Convention, as interpreted in light of Article 10.1(e) of the Qualification Directive, considering the nature of the persecutors, their goals and their methods.
Facts:
The applicant, of Russian nationality and Chechen origin, had an uncle who fought in the two Chechen conflicts and who was still suspected by the authorities of the federal Republic of Chechnya to have contacts with the rebels. This uncle went into hiding in order to escape constant violence. The applicant was subjected to very violent interrogations on behalf of his uncle. He was arrested and released for a large sum of money. After attending hospital in Dagestan, he fled to France.
The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected his asylum application. He challenged this decision before the National Asylum Court (Cour nationale du droit d’asile, CNDA).
Decision & reasoning:
The CNDA considered that the applicant was subjected to persecution by the authorities of the federal Republic of Chechnya, whose objective was, to put pressure on his uncle.
After citing the provisions of Article 10.1(e) of the Qualification Directive, the CNDA considered that threats to which the applicant would be subjected in case of return to Russia emanated from political authorities acting for political reasons and with a political goal.
Therefore, the CNDA found that even though these threats did not originate in opinions which the applicant actually held or which were imputed to him, they had to be considered as persecution for political grounds within the meaning of the 1951 Refugee Convention, as interpreted in light of Article 10.1(e) of the Qualification Directive, considering the nature of their authors, their goals and their methods.
The applicant had a well-founded claim for refugee status.
Outcome:
The applicant was granted refugee status.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law) |