France - National Asylum Court, 18 Octobre 2012, Mlle K., No. 12015618
| Country of Decision: | France |
| Country of applicant: | Congo (DRC) |
| Court name: | National Asylum Court (CNDA) |
| Date of decision: | 18-10-2012 |
| Citation: | CNDA, 18 octobre 2012, Mlle K., n° 12015618 |
Keywords:
| Keywords |
|
Effective access to procedures
Description
Effective access to legal and administrative procedures undertaken by UNHCR and/or States in accordance with the Asylum Procedures Directive to determine whether an individual should be recognized as a refugee in accordance with national and international law. |
|
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. |
|
Refugee Status
Description
The recognition by a Member State of a third-country national or stateless person as a refugee. |
|
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:
Persecution at the hands of political authorities acting for political reasons and with a political objective although not arising from the actual or imputed opinions of the individual concerned.
Facts:
The Applicant claimed she was afraid of persecution if she were to return to her country, having been the victim of very serious violence at the hands of the Mai Mai militia leaderwho was now in charge of the Congolese National Police for the Masisi-Centre region. The Ofpra rejected the Applicant’s asylum application and she appealed to the CNDA.
Decision & reasoning:
The CNDA held that, “even if it does not arise from the actual opinions of the individual concerned or even from opinions attributed to her, the persecution [feared by the Applicant] must be considered, with regard to the nature of the perpetrators, the objectives pursued and the methods employed by them, as constituting persecution of a political kind” in the sense of Article 1A2 of the 1951 Refugee Convention, seen in the light of the provisions of Article 10(1)(e) of the Qualification Directive.
The CNDA found that the Applicant had reason to fear being persecuted on political grounds if she were to return to her country.
Outcome:
The Applicant’s refugee status was recognised.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law) |