The CNDA recognized refugee status for a national of the Ivory Coast because of fears of persecution resulting from her removal from a forced marriage decided by her uncle who has exploited her since her childhood and forced her into marriage with a man with whom he had business relations. The court took note of the evolution of the legislation applicable to situations of forced marriage in the Ivory Coast, as the qualification of the offense was no longer reserved for the case of minors married by force. However, the court noted the permanence of this practice and the lack of effective protection provided by the authorities.
The court concluded that the applicant had a well-founded fear of persecution within the meaning of Article 1 A 2 of the Geneva Convention and that she belonged to a particular social group.