France - CNDA, 17 December 2009, Mr. T., n°641626
Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.
What was at stake
EDAL summary. Vendetta constitutes a serious harm falling within the scope of subsidiary protection.
What happened
The applicant, a Kosovar of Albanian origin, sought asylum in France after his uncle was convicted of murder. Fearing a vendetta under the traditional Kanun law, he applied for protection, was rejected by OFPRA, and appealed to the Cour Nationale du Droit d’Asile (CNDA). The CNDA granted him subsidiary protection.
What the court decided
The Court ruled that the applicant, a Kosovar of Albanian origin, established a real risk of being subjected to a vendetta according to the Kanun rule, which constitutes a serious harm under Article L.712-1 b) Ceseda (transposing Article 15(b) of the Qualification Directive). The Court found that the applicant could not avail himself of the protection of the authorities, thus qualifying him for subsidiary protection.
How the court got there
The Court held that a vendetta constitutes a serious harm under Article L.712-1 b) Ceseda (the French transposition of Article 15(b) of the EU Qualification Directive) and that the applicant could not obtain protection from the authorities. Because the risk was not linked to any ground of persecution under the 1951 Refugee Convention, the applicant qualified for subsidiary protection.
Statutes and cases cited
- § Qualification Directive art. 15(b)
- § 1951 Refugee Convention art. 1A(2)
- CNDA, 19 June 2009, M.T. n°631987/08012453
Categories
Authoritative link
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