France - CNDA, 23 December 2009, Ms. K., n° 636547/08017005
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What was at stake
EDAL summary. The protection provided by the 1951 Refugee Convention can only be afforded if it is established that the asylum applicant, for a valid reason linked to one of the grounds listed in Art 1A(2) of this...
What happened
The applicant, born in North Korea, feared for her security if returned to her country of origin because she left the country illegally. Her asylum application was rejected by the French Office for the Protection of Refugees and Stateless Persons (Ofpra), and she challenged this decision before the Cour Nationale du Droit d’Asile (National Asylum Court).
What the court decided
The CNDA held that Ms. K. was entitled to South Korean nationality because she was born on the Korean peninsula, could therefore obtain the protection of South Korea, and had not demonstrated any valid reason under Art 1A(2) of the 1951 Refugee Convention that would prevent her from accessing that protection; consequently her asylum claim was dismissed.
How the court got there
The Court considered that the applicant was entitled to South Korean nationality because she was born on the Korean peninsula, and could therefore avail herself of the protection of South Korea. The Court found that the applicant did not demonstrate any valid reason under the 1951 Refugee Convention that would prevent her from accessing the protection of South Korea.
Statutes and cases cited
- § Qualification Directive, Directive 2004/83/EC Art 4
- § Qualification Directive, Directive 2004/83/EC Art 4.3 (e)
- § Qualification Directive, Directive 2004/83/EC Art 2
- § 1951 Refugee Convention Art 1A (2)
Categories
Authoritative link
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