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05/05/2021
FR: The CNDA granted refugee protection to a woman who fled forced marriage in Mali

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], D. (Mali) v French Office for the Protection of Refugees and Stateless Persons (OFPRA), N° 20030921, 05 May 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=1894
Case history
Other information
Abstract

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.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
N° 20030921
Date of Decision
05/05/2021
Country of Origin
Mali
Keywords
Actors of protection
Assessment of Application
Forced marriage/Child marriage
Gender based persecution
Membership of a particular social group
Vulnerable Group
Source
CNDA