France - Council of State, 15 May 2009, Miss K., n°292564
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What was at stake
EDAL summary. As soon as one persecution ground (in this case religion) exists and the other conditions for qualifying for refugee status are fulfilled, refugee status must be recognised rather than subsidiary prot...
What the court decided
The Council of State ruled that when a persecution ground (such as religion) exists and the other conditions for qualifying for refugee status are fulfilled, refugee status must be recognized rather than subsidiary protection, even in a context of generalized violence. The lower court made a legal error by refusing refugee status to an applicant whose threats were linked to her religious community, without stating why other conditions for refugee status were not met.
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Authoritative link
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