France: CNDA considers passage through Kabul and Panjsher safe enough to reach Province of Parwan

Thursday, November 19, 2020

On 19 November 2020, the French National Court of Asylum (CNDA) rejected an appeal against the decision of the French authorities to dismiss the asylum application of an Afghan national. 

M.N., an Afghan national, fled the violent armed conflict in his home country and, inter alia, the consequences of an alleged extramarital relationship with a young girl. He submitted that the security situation in Afghanistan had deteriorated since the end of 2019 and that, therefore, there was still a situation of ‘indiscriminate’ violence that reaches an exceptional level in Kabul, the only entry point into the country. He asked the CNDA to undertake a holistic evaluation of the exceptional security situation. 
First, the CNDA evaluated the situation in Afghanistan as a whole, the provinces of Panjsher, Parwan and Kabul, and the city of Kabul, thereby adopting both a quantitative and qualitative approach and taking into account reports from, inter alia, EASO, regarding the Security SituationAnti-Government Elements and socio-economic indicators, and UNAMA
Regarding the situations in Kabul, the city of Kabul and the province of Parwan, which MN would have to transit through to get to his province of origin, the CNDA found that there are no serious and proven grounds for believing that every civilian who returns there runs, by the sole fact of his presence there, a real risk of a serious threat to his life or person. Furthermore, it found that the situation in the province of Panjsher, where MN would return to, is not one of indiscriminate violence. Finally, the Court considered that M.N. did not provide sufficient information regarding his personal circumstances to prove that he risked, on the basis of these circumstances, to be subjected to indiscriminate violence upon his return to Afghanistan.

Therefore, the CNDA rejected the appeal. 
Based on an unofficial translation by the EWLU Team.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                               

Indiscriminate violence
Inhuman or degrading treatment or punishment