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08/09/2022
FR: The CNDA recognised the existence of the social group of women and children exposed to the risk of genital mutilation in Egypt.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast 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 QD)/or QD 2004/83/EC
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], E. v Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21059269 C, 08 September 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=2798
Case history
Other information
Abstract

An Egyptian young girl from Tanta requested international protection in France, claiming that she belonged to the group of women and children exposed to the risk of genital mutilation in Egypt, where this practice constitutes a social norm. The Office for the Protection of Refugees and Stateless Persons (OFPRA) decided on 28 September 2021 to dismiss her request. The applicant appealed before the National Court of Asylum (CNDA).


The court allowed the appeal and provided refugee protection. The court noted that the applicant belonged to the social group of women and children exposed to the risk of genital mutilation. The court further noted that public documentary sources highlight the very high prevalence of this practice throughout Egypt (average prevalence rate of 87%), as well as an average age of ten years at which individuals are exposed. Regarding the individual situation of the applicant, the court established the personal fears of the young girl, as her maternal aunts supported the practice and her father would not be able to oppose it as he was recognized as a refugee by decision of the same day on the basis of the persecutions to which he would be exposed in this country because of his political opinions.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21059269 C
Date of Decision
08/09/2022
Country of Origin
Egypt
Keywords
Gender based persecution
Membership of a particular social group
Vulnerable Group
Source
CNDA