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*Law of Aliens

Published on January 22nd, 2018 | by Alexandra Katsarou

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SUMMARY: French Council of State No 410304/ 27 of December 2017- Annulment of the decision of the claimant’s recognition as a refugee

Keywords: recognition of an alien as a refugee- paragraph A-2 of 1st Article of Geneva’s Convention of 28 of July 1951- Article 1-F of Geneva’s Convention of 28 of July 1951- commitment of an ordinary law crime- annulment of the decision of the claimant’s recognition as a refugee

No of Decision: 410304/ 27 of December 2017

Court: French Council of State

Claimant: M. A…

Legal Framework:

1)Paragraph A-2 of 1st Article of Geneva’s Convention of 28 of July 1951

Every person who fears of persecution on account of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of which he-she is a national and who cannot or because of this fear does not want to claim the protection of this country should be considered as a refugee.

2)Article 1-F of Geneva’s Convention of 28 of July 1951

The provisions of this Convention shall not be applicable to persons who have reasonable grounds to believe that: a) they have committed a crime against peace, a war crime or a crime against humanity within the meaning that international instruments developed to provide for these crimes b) they committed a serious ordinary law crime outside the receiving country before being admitted as refugees, c) they have been guilty of acts contrary to the purposes and principles of the United Nations.

Factual Framework:

The claimant, who has a Pakistani nationality, requested that the National Court of Asylum annuls the decision of 4 of May 2016 of the French Office for the Protection of Refugees and Stateless Persons, which refused to recognise him as a refugee or failed  to grant him the benefit of subsidiary protection. By the decision no 16017680 of 28 of February 2017 the National Court of Asylum annulled the decision of the French Office for the Protection of Refugees and Stateless Persons and recognised the claimant as a refugee because of the risks of persecution incurred in case of return to his country of origin. The Office mentioned above requested that the Council of State annuls the last decision.

Decision:

The documents submitted to the judges and especially the investigation, which was carried out by OFRA established the fact that the claimant has acknowledged having harassed compulsive children under the age of 15 in relation to his professional activity as a manager of cyber cafe, where the children of his commune went after school. Consequently, since there were serious reasons to believe that the claimant  committed a serious  ordinary law crime within the meaning of the provisions referred in the legal framework, the Court decided that the National Court of Asylum reached a decision, which was based on incorrect legal characterisation of the facts. The Court annulled the decision of 28 of February 2017.

Conseil d’ Etat here…

 





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