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12/02/2021
FR: The CNDA grants refugee status to a single mother of five minors based on risk of persecution upon return to the Democratic Republic of Congo

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], B. (Democratic Republic of Congo) v French Office for the Protection of Refugees and Stateless Persons (OFPRA), N° 20034127 , 12 February 2021. 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=1607
Case history
Other information
Abstract

B., national of the Democratic Reoublic of Congo, was rejected international protection by OFPRA and contested the decision, by arguing that she is member of the Hema ethnic group and had been victim of ethnic group clashes in her home region, Ituri. Her father was murdered by the Lendu ethnic group in February 2018 and her husband disappeared during volent attacks on her village by armed group of Lendu militiamen. In April 2019 she fled with her five children. She fears persecution upon return due to her ethnic origins and she could not benefit of state actors’ protection.  


The CNDA admitted her appeal and granted her refugee status after having assessed that all her statements were credible and well documented by medical certificates and corroborated with country of origin information from relevant sources.


The CNDA stated also that the vulnerable situation of the applicant as single mother, having to take care alone of 5 children would make it difficult for her and her minor children to settle in a safe environment in the Democratic Republic of Congo.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
N° 20034127
Date of Decision
12/02/2021
Country of Origin
Keywords
Actors of protection
Assessment of Application
Asylum Procedures/Special Procedures
Country of Origin Information
Minor / Best interests of the child
Refugee Protection
Vulnerable Group
Source
CNDA