France: national protection status outside Common European Asylum System does not impede another Member State from examining asylum application

Tuesday, April 3, 2018

On 3 April 2018, the French National Court of Asylum ruled in case no. 15033491 concerning a Russian national who had her asylum application rejected by the administrative authorities on the grounds that  she already benefited from subsidiary protection in Poland.
The National Court of Asylum ruled that the residence permit for a “tolerated stay” delivered by the Polish authorities in application of Article 97(1) of the Polish Law on Protection could not be considered a form of international protection under the Common European Asylum System. Therefore, the applicant’s administrative situation in Poland has no incidence on the examination of her asylum application in France, since the protection she has been afforded is particular to the Polish national framework. Based on the available reports concerning the situation in Chechnya, particularly affecting those favourable to the separatist cause as well as their families, the applicant had a well-founded fear of persecution and had to be granted refugee status in France.
Based on an unofficial translation by the ELENA Weekly Legal Update.

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Refugee Status
Subsidiary Protection
Well-founded fear