This takes the hushed and jargonous form of administrative court decisions, but it is nonetheless an event in the field of asylum: Friday, November 20, the National Court of Asylum (CNDA) made public two decisions dated 19 November and putting an end to the so-called “Kabul” case law, in force since 2018.
Until then, this allowed the CNDA to grant almost systematic protection to Afghan asylum seekers. Even if the latter were not personally persecuted in their country, she considered that a serious threat hung over them because of the indiscriminate violence reigning in Kabul, the city through which a rejected asylum seeker must pass and returned to his country. .
Looking at the case of two Afghans, the CNDA got together as a large party and reassessed its position. It rejected the appeals of the two Afghan applicants and now considers that “The indiscriminate violence currently prevailing in the city of Kabul is not such that there are serious and proven grounds for believing that every civilian who returns there runs, by the sole fact of his presence in this city, a real risk of threat serious against his life or his person ”.
For Gérard Sadik, head of asylum at La Cimade, “Kabul jurisprudence has jumped”. “The effect of this decision will be major, he continues. A number of people who were victims of the civil war will find themselves without protection. “
As a reminder, the Afghans represent 2.7 million refugees in the world. The majority have fled to neighboring Pakistan. Within the European Union (EU), they are the second largest asylum seekers, behind Syrians, with around 61,000 requests registered in 2019. In France, Afghans are currently the first asylum seekers.
The government is making no secret of its desire to combat disparities within the EU on the acceptance rates of asylum applications
Even if their number is declining in 2020, given the effects of the health crisis, such as the stopping of transport and the closing of borders, they have so far filed 7,000 applications this year. Most of these nationals have already applied for asylum in another EU country, most often in Germany, Austria or Sweden, where they have been rejected.
“The CNDA’s decision makes it possible to send a message, according to Mr. Sadik. This is to say that it is not worth coming to France. “ The government is making no secret of its desire to combat disparities within the EU on the acceptance rates of asylum requests, convinced that this constitutes a factor of attractiveness for France.
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