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14/11/2019
FR: CNDA ruled on the consideration of a specific social group of woman and girls victims of FMG in Gambia

ECLI
Input Provided By
EUAA Asylum Report
Source
CNDA
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Applicants (Gambia) v French Office for the Protection of Refugees and Stateless Persons (OFPRA), 19008521, 19008522 and 19008524, 14 November 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1000
Case history
Related cases:
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:

In this decision, the Court, sitting in full formation, considered, especially upon taking into consideration the FGM rate of over 75 % despite national legislation outlawing the practice, that female genital cutting in Gambia is so widely practiced as to constitute because of this, non-mutilated women and girls comprise, in this country, a social group. This decisi a social norm and that on thus focusses on the situation in the country rather than that among the young girls’ ethnic group, as OFPRA had done in its decisions

**No original document provided

Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
19008521, 19008522 and 19008524
Date of Decision
14/11/2019
Country of Origin
Gambia
Keywords
Assessment of Application
FGM/C
Vulnerable Group