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16/05/2022
FR: The CNDA held that the submissions presented on behalf of the child born or arrived after the introduction of the asylum application of the parent are inadmissible in the context of the appeal brought by the parent before the court.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], B. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21023491 C+, 16 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=2604
Case history
Abstract

On 17 February 2021, the OFPRA rejected a request for international protection lodged by a woman from Guinea, who alleged that she would face persecution in the country of origin due to a forced marriage and also the imposition of FGM on her child by her family and the family of her in-laws. Before the CNDA she submitted that her daughter, born after the pronouncement of the OFPRA decision also has her own fear of persecution due to the danger of being submitted to FGM in Guinea.


On appeal, the CNDA held that the submissions presented on behalf of the child born or arrived after the introduction of the asylum application of the parent are inadmissible in the context of the appeal brought by the parent before the court.


In the absence of special provisions organising the processing of requests in such a case and unlike that of so-called "family" requests, set out in article L. 521-3 of the CESEDA, the court ruled that the request presented on behalf of the child by the parent and legal representative must be presented in the form and according to the procedural rules applicable to asylum applications. Thus, the conclusions presented on behalf of the child during the proceedings of this case were considered inadmissible in support of the appeal brought by the mother against the decision of the OFPRA. In this case, the court concluded that the separate submissions related to child-specific fears of persecution could only be validly examined in the context of a child-specific asylum application.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21023491 C+
Date of Decision
16/05/2022
Country of Origin
Guinea
Keywords
Asylum Procedures/Special Procedures
FGM/C
Minor / Best interests of the child
Second instance determination / Appeal
Vulnerable Group
Source
CNDA