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Justice Matrix · Case profile

France - CNDA, 24 April 2009, Mr. G., n°625816

France2009
AdverseNeeds review
Needs review

Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.

Strategic issue

What was at stake

EDAL summary. The situation which currently prevails in the Republic of Chechnya does not amount to generalised violence resulting from a situation of internal or international armed conflict.

Facts

What happened

The applicant, from the Russian Federation of Chechen origin, claimed that he was persecuted because his uncle belonged to the Aslan Maskhadov 's presidential guard since 1996. He left his country of origin in 2007. The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected his asylum application.

Key holding

What the court decided

The court decided that the situation in the Republic of Chechnya does not amount to generalized violence resulting from a situation of internal or international armed conflict, and therefore the applicant does not qualify for subsidiary protection under Article L.712-1 c) Ceseda.

Reasoning

How the court got there

The Court examined the asylum application within the context which currently prevailed in the Russian Federation, in particular in the Republic of Chechnya, and considered that the situation did not amount to generalized violence resulting from a situation of internal or international armed conflict. The Court highlighted the stabilisation and the improvement of the security situation in the Republic of Chechnya since the beginning of 2007, as well as the weakening of the rebel guerilla war.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Article L.712-1 Ceseda
Issue areas

Categories

asylumrefugee
Disclaimer and licence

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