France: Cour administrative

situation in region and Kabul is likely to be qualified as situation of indiscriminate violence resulting from an internal armed conflict in light of subsidiary protection. In these conditions, the prefect had erred in applying the law by deciding that, instead of authorising to register the application in France, the applicant be transferred to Finland where this country had already rejected the asylum application, expelled and issue an entry ban against the applicant.

13 March 2018 | Judicial Body: France: Cour administrative | Document type: Case Law | Legal Instrument: 1951 Refugee Convention | Topic(s): Generalized violence - Internal armed conflict - Refoulement | Countries: Afghanistan - Finland - France

Jugements de la Cour administrative d'appel de Versailles du 25 novembre 2004, OFPRA c/ M. Khaled Abdelhafiz & de la Cour administrative d'appel de Marseille du 21 février 2005, OFPRA c/ M. Nasser X Both cases concern application of article 1 § 2 i) of the 1954 Convention relating to the Status of Stateless Persons. OFPRA rejected the requests for stateless person status because the applicants were respectively registered with UNRWA in Syria and Jordan. For the OFPRA, they are under UNRWA's mandate and are not eligible to the status of the 1954 Convention. The first instance administrative tribunals reversed OFPRA's decisions. OFPRA appealed these decisions and the court of appeals of Versailles and Marseille found that both applicants were living in France with a legal residence permit and had therefore established their habitual residence outside of UNRWA's geographic jurisdiction. Consequently, They did not come under the purview of the exclusion clause of article 1 § 2 i) of the 1954 Convention.

21 February 2005 | Judicial Body: France: Cour administrative | Document type: Case Law | Countries: France - Palestine, State of

Jugements de la Cour administrative d'appel de Versailles du 25 novembre 2004, OFPRA c/ M. Khaled Abdelhafiz & de la Cour administrative d'appel de Marseille du 21 février 2005, OFPRA c/ M. Nasser X Both cases concern application of article 1 § 2 i) of the 1954 Convention relating to the Status of Stateless Persons. OFPRA rejected the requests for stateless person status because the applicants were respectively registered with UNRWA in Syria and Jordan. For the OFPRA, they are under UNRWA's mandate and are not eligible to the status of the 1954 Convention. The first instance administrative tribunals reversed OFPRA's decisions. OFPRA appealed these decisions and the court of appeals of Versailles and Marseille found that both applicants were living in France with a legal residence permit and had therefore established their habitual residence outside of UNRWA's geographic jurisdiction. Consequently, They did not come under the purview of the exclusion clause of article 1 § 2 i) of the 1954 Convention.

25 November 2004 | Judicial Body: France: Cour administrative | Document type: Case Law | Countries: France - Syrian Arab Republic