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20/10/2022
FR: The CNDA provided refugee protection to a Tunisian national because of well-founded fears of persecution resulting from his belonging to the social group of homosexual persons.

ECLI
Input Provided By
EUAA IDS
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.R. v Office for the Protection of Refugees and Stateless Persons (OFPRA), No 21060804 C, 20 October 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=3012
Case history
Other information
Abstract

M.R., an applicant of Tunisian nationality, requested international protection in France, claiming fear of persecution due to his sexual orientation. By decision of 21 September 2021, the Office for the Protection of Refugees and Stateless Persons (OFPRA), rejected the request. On appeal, the CNDA recognised the status of refugee due to a well-founded fear of persecution resulting from his belonging to the social group of homosexual persons.


The court noted that Tunisia criminalises relations between persons of the same sex and held as established the homosexuality of the applicant as well as the persecutions suffered for this reason. The court observed that the applicant had been identified as a homosexual by those around him and by the inhabitants of his locality, and he justifiably feared that he would be stigmatised and again persecuted for this reason due to his sexual orientation.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 21060804 C
Date of Decision
20/10/2022
Country of Origin
Tunisia
Keywords
Gender identity / Gender expression / Sexual Orientation / SOGIESC
Membership of a particular social group
Vulnerable Group
Source
CNDA
RETURN