The minor applicant, N.S., national of the Ivory Coast, born after the parents lodged their request for asylum, appealed against a decision of the OFPRA refusing to examine the minor’s request for asylum and noting that the request was annexed to the one of the parents, which was pending on appeal before the CNDA. The parents argued that the daughter would be exposed to the risk of FGM in the Ivory Coast.

In a Grand Chamber formation, the CNDA ruled that OFPRA must examine the new elements in the asylum application presented for the child within the same procedure of examination of the application of the parents. In addition, a new interview with the parents must be arranged by the OFPRA if the specific fears invoked for the child could not be raised during the interview on their original request. Furthermore, the CNDA ruled that the OFPRA had to rule on the child’s asylum application even if an appeal was pending before the court. Since the risk of FGM had not been raised as part of the parent’s initial examination of the case before the OFPRA, the court referred the case of the minor to the OFPRA.