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29/06/2022
FR: The CNDA recognised the refugee status of a Chadian national because of well-founded fear of persecution due to membership of the social group of homosexual people in Chad.
29/06/2022
FR: The CNDA recognised the refugee status of a Chadian national because of well-founded fear of persecution due to membership of the social group of homosexual people in Chad.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
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)], M.M.A. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21067657, 29 June 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=2655
Case history
Other information
Abstract

A national of Chad requested international protection in France, claiming a fear of persecution by the authorities and his family due to sexual orientation. By decision of 12 November 2021, the French Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the application. The applicant appealed.


The CNDA annulled the decision of the OFPRA and provided refugee protection. The court relied on the latest reports of the United States Department of State regarding the situation of human rights in Chad and on the annual report of Freedom House. It held that in addition to criminal prosecutions to which homosexuals are exposed in Chad, they face intense social and professional discrimination, leading to marginalization, acts of violence, harassment and bullying on the part of Chadian society and the authorities. Thus, the court concluded that homosexual people in the Republic of Chad constitute a social group within the meaning of the Geneva Convention whose members are victims of persecution because of this membership.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21067657
Date of Decision
29/06/2022
Country of Origin
Chad
Keywords
Gender identity / Gender expression / Sexual Orientation / SOGIESC / LGBTIQ
Membership of a particular social group
Source
CNDA