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17/05/2022
FR: The CNDA granted refugee protection to an Ethiopian woman from the Oromia region, who fled her country of origin due to the risk of being subjected to child marriage and FGM.

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)], J. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21038022 C, 17 May 2022. 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=2573
Case history
Other information
Abstract

The applicant is a woman from Ethiopia, the Oromia region, of Amhara ethnicity and Muslim faith. She requested international protection in France after being forced to flee her country while still a minor, because of the marriage plans decided by her father and the desire of her suitor to see her undergoing female genital mutilation (FGM) before the marriage. On 27 May 2021, the OFPRA rejected her request.


By decision of 17 May 2022, the National Court of Asylum (CNDA) granted international protection holding that she belonged to a particular social group of Ethiopian women and girls who escaped forced marriage and to the social group of children, adolescents and Ethiopian women of Amhara ethnicity at risk of being exposed to FGM, persons that shared a common history and a specific identity perceived as being different by the surrounding society.


The Court considered the context prevailing in Ethiopia where, although prohibited by law, early and forced marriages as well as FGM persist, in particular in the Oromia region from where the applicant originated and within her ethnic group. The court noted that the ability of women to oppose these traditional practices is very limited, while the federal and regional authorities struggle to stop them and are powerless regarding the provision of effective protection to the victims.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21038022 C
Date of Decision
17/05/2022
Country of Origin
Ethiopia
Keywords
FGM/C
Forced marriage/Child marriage
Vulnerable Group
Source
CNDA