The Foreigners Litigation Council (Conseil du contentieux des étrangers) annulled a decision to exclude the benefit of international protection to a Turkish national of Kurdish origin accusing him of having participated, outside his country of nationality, in the financing of the PKK, considered a terrorist organisation.

The Council said instead that “on the basis of the various sources of information submitted to it concerning the nature, structure, organization, activities and methods of the PKK”, it “considers that the acts committed by this organization, taken as a whole, cannot be qualified as terrorist acts.”

The ruling added that “the Council agrees with the point of view expressed by the Brussels Court of Appeal in its judgment of 8 March 2019, a point of view that the Court of Cassation endorsed in its judgment of 28 January 2020.”

The Council was evaluating the objection made after the rejection of a Kurdish refugee's political asylum request and concluded that the applicant could not be excluded on international protection.