The applicant, a national of Mali, from the Koulikoro region, of Bambara ethnic group and Muslim faith, claimed that upon return to her country of origin, she would be exposed to persecution or serious threats at the hands of her ex-husband and of his family due to having escaped from a forced marriage and to having stolen money from her ex-husband. She had been a victim of domestic violence at the hands of her ex-husband and, after failing to get help from neighbours and her village, she had stolen the money in order to escape the country. She left on 5 November 2018 and arrived in France on 6 June 2019. Her asylum application was rejected by the French Office for the Protection of Refugees and Stateless Persons (OFPRA) and she appealed the decision.
The National Court of Asylum recognised that the applicant had real fears of persecution, since her husband was actively asking her father for the money she had stolen, and that she cannot benefit from the protection of the authorities. The CNDA considered the context in Mali and found that forced marriage is a common practice, especially in the region the applicant is from, despite being prohibited by law, and women who oppose the marriage face ostracism and violence from the communities. Therefore, the applicant is part of a persecuted social group within the meaning of the Geneva Convention as a woman who escaped a forced marriage. The CNDA recognised the applicant refugee status.
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