Contrary to a decision by the Office for the Protection of Refugees (OFPRA), the National Asylum Court will not strip a Chechen migrant of his refugee status, even though he is a repeat offender and has openly praised terrorism. The Council of State approved the court ruling but OFPRA appealed. The case has provoked considerable outcry, even among opposition politicians.

Even though the French Office for the Protection of Refugees and Stateless Persons (OFPRA) stripped a Chechen migrant, a repeat offender, of his refugee status, the National Asylum Court (CNDA) overturned OFPRA s decision and the Council of State approved CNDA s ruling, the French weekly Valeurs actuelles reports, giving a detailed account of the shocking case.

According to Dalloz.fr, a portal specialised in French and European law, the Chechen man committed four crimes on French soil between 2011 and 2016, which makes the case even more astonishing. These crimes are far from being trivial. The Nice Criminal Court convicted him of hailing terrorist acts and established that the man, referred to by his initials M.A., posed a grave threat to France.

The most popular French opposition politician, Marine Le Pen has clearly condemned the legal decision, highlighting the absurdity that commending terrorism is insufficient reason to revoke an immigrant s refugee status in France. She added that France apparently guaranteed free speech and the right to refuge to even those who advocate terrorism.

OFPRA recognised the Chechen migrant in question as a refugee in a decision dated 25 August 2011. However, M.A. subsequently committed several crimes and OFPRA withdrew his refugee status on 20 February 2017.  

The Chechen national did not give up on his case and filed an appeal with the French National Asylum Court (CNDA). On 2 April 2019, CNDA annulled the OFPRA s earlier decision on the grounds that „honouring terrorism” is insufficient reason for revoking the refugee status of an immigrant. M. A. did not commit a terrorist act, he merely spoke out supporting it, CNDA explained.

However, the slew of incomprehensible legal decisions do not end here, as the Council of State approved CNDA s decision on 12 February this year. OFPRA has appealed the decision but, pending a ruling by the Court of Cassation, the Chechen migrant – a repeat offender known for openly praising and supporting terrorism – may remain in France.

National Rally MP and attorney Gilbert Collard declared the incidents scandalous on behalf of all victims of terrorism.

Interestingly, the position assumed by CNDA and the Council of State is legally correct, something legal cousel Regis de Castelnau has also pointed out. He said the laws of France currently in force do not – rather unambiguously – stipulate that praising or hailing terrorism is in fact a terrorist act, according to Valeurs actuelles.

The French weekly highlights that this is not the only controversial case where the court ruling went against the OFPRA s decision. In 2020, CNDA issued rulings in 42,025 cases and provided legal protection to asylum seekers in 24.4 per cent – nearly one in four – of these cases, despite OFPRA s earlier decision.

This is exactly what happened to the terrorist who beheaded teacher Samuel Paty in October last year. The 18-year-old Chechen national and his family entered France illegally in 2008, and on 19 November 2010, OFPRA rejected the asylum application of the whole family. However, in 2011, CDNA rescinded the rejection issued by OFPRA, granting the Anzorov family – including their teenage boy who became a murderer – refugee status.

The anti-Islamism bill proposed by the National Rally could provide a solution to the gaping loophole in the legislation, according to Jean-Paul Garraud, who helped drafting the bill. He says France needs legislation that makes absolutely clear that commending, praising or hailing terrorism leads to de facto deportation from the country. The National Rally s draft anti-Islamism bill would have forced the Council of State and CDNA to deny the asylum request of the Chechen family. Garraud also underscored that hailing terrorism is a manifestation of Islam that his party wants to outlaw.