France - CRR, 16 January 2007, Mrs. M., n°587557
Keywords:
| Keywords |
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Assessment of facts and circumstances
Description
The duty of the state to carry out an individual assessment of all relevant elements of the asylum application according to the provisions of Article 4 of the Qualification Directive, including considering past persecution and credibility; and the duty of the applicant to submit as soon as possible all statements and documentation necessary to substantiate the application. |
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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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Well-founded fear
Description
One of the central elements of the refugee definition under Article 1A ofthe1951 Refugee Convention is a “well-founded fear of persecution”: "Since fear is subjective, the definition involves a subjective element in the person applying for recognition as a refugee. Determination of refugee status will therefore primarily require an evaluation of the applicant's statements rather than a judgement on the situation prevailing in his country of origin. To the element of fear--a state of mind and a subjective condition--is added the qualification ‘well-founded’. This implies that it is not only the frame of mind of the person concerned that determines his refugee status, but that this frame of mind must be supported by an objective situation. The term ‘well-founded fear’ therefore contains a subjective and an objective element, and in determining whether well-founded fear exists, both elements must be taken into consideration." |
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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:
In order to assess the persecution fears of a person in case of return to his/her country of origin, concrete modes in which such a return will most likely take place must be taken into consideration.
Facts:
Mrs. M., a national from Angola of Cabinda’s origin, was involved in the organisation FLEC-FAC, in which her husband was an armed combatant and she was herself a cook. After the violent death of her husband, members of the Angola Armed Forces inflicted serious harm on her and interrogated her. She managed to escape in March 2006 and went to Luanda where she took a plane with her three children to France. She lodged an asylum application at the French Office for the Protection of Refugees and Stateless Persons (Ofpra) which was rejected. On appeal, she requestedthe National Asylum Court/Cour nationale du droit d’asile (CNDA) to quash this decision.
Decision & reasoning:
The CRR/CNDA stated that, in order to assess the persecution fears of a person in case of return to his/her country, concrete modes in which such a return will most likely take place must be taken into consideration.
In the present case, the CRR/CNDA considered that a national from Angola of Cabinda’s origin who arrives at Luanda’s airport will most likely be identified as such and, given the situation in Cabinda, be subjected to controls and questioning, including regarding the reasons for her/his presence abroad. The CRR/CNDA added that this will further increase the persecution risk of any person of Cabinda’s origin who is seen by the authorities of Angola as close to or as member of the FLEC-FAC organisation.
The Court concluded that the applicant had a well-founded claim for refugee status.
Outcome:
The applicant was recognised as a refugee.
Observations/comments:
The CNDA (National Asylum Court) was called CRR (“Commission des recours des réfugiés”, Refugee Appeals Board) until the Act n°2007-1631 of 20 November 2007.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law) |