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Office français de protection des réfugiés et apatrides v. Mlle Pavlovic , Conseil d'Etat, n° 231387, 17 mai 2002, AJDA 2002 Jurisprudence p. 000

Facts: Miss Mavlovic was of Yugoslavian nationality and claimed that in 1999 she was arrested and mistreated twice by the Yugoslavian authorities because of her involvement in the Student Resistance Movement (the OTPOR).

Procedure: the French Office for the Protection of Refugees asks the Conseil d'Etat to cancel its decision of January 18, 2001 whereby the Refugee Commission cancelled a decision of September 18, 2000 whereby the Office rejected Mlle Pavlovic's application for the status of refugee.

Holding: the Refugee Commission which grounds its decision on the political situation of the applicant's country more than one year before the issuance of its decision makes a legal mistake.

Reasoning: under 2° A of article 1 of the Convention of Genève of July 28, 1951 modified by article 1 of the Protocol of January 31, 1967 of New York, the status of refugee is recognized to « any person who fears with reasons to be persecuted because of her race, religion, nationality, belonging to a social or political group and who is outside of the country where she has her nationality and who cannot or wish not be protected by that country". The Refugee Commission accorded Miss Mavlovic the status of refugee on January 18, 2001 based on the political situation of Yugoslavia in 1999. This was a legal mistake and the Commission ha to take into account the political situation of this country in 2001. Therefore its decision to grant the status of refugee to the applicant was cancelled.


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