French Council of State: subsidiary protection must be granted to those who would have to go through conflict zones in order to return to region of origin, as long as the conflict is sufficiently severe

Monday, October 16, 2017

On 16 October 2017, the French Council of State ruled in case no. 401585 regarding a request by the French Office for the Protection of Refugees and Stateless people (OFPRA) to quash the decision of the French National Court of Asylum which had granted subsidiary protection to an Afghan national.

The Council of State ruled that subsidiary protection must be granted not only to those coming from a region with a generalised level of violence resulting in a serious threat to one’s life but also to those who would have to go through such an area in order to reach their region of origin.  In the case in question, the National Court of Asylum found that, since the applicant would have to go through Kabul, which is exposed to violence, in order to reach his region of origin, he ought to be entitled to subsidiary protection. However, the Council of State concluded that the National Court of Asylum committed an error in law by not analysing if the level of generalised violence in Kabul was as high as to indicate that the applicant’s passage through Kabul alone would put him in risk of a serious and individual threat to his life. Therefore, the Council of State remitted the case to the National Court of Asylum for a new decision.

Based on an unofficial translation by the ELENA Weekly Legal Update.

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Indiscriminate violence
Subsidiary Protection