A Nigerian national from Benin City requested international protection in France, claiming fear of persecution if returned to the country of origin on account of his homosexuality and a private conflict in which the authorities allegedly cannot provide protection.

By decision of 27 June 2022, the Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the request.

On appeal, the applicant claimed, in addition to his fear, that his daughter, who was born a few days before the OFPRA took the decision and for which an individual application had not been lodged with OFPRA, risked being subjected to FGM in the absence of state protection. The submission lodged with the CNDA included a request for protection for his daughter as well.

The CNDA ruled that where specific fears of the child are invoked in support of the appeal of the parent, without a request having been previously filed in the child’s name, the person is entitled to bring such arguments on appeal and upon examination of the appeal the fears of the minor daughter should be examined as well.

The court considered that the fears expressed by the father were unfounded, and that the daughter was exposed to the risk of being subjected to female genital mutilation in the event of her return to her country, because of her membership in the social group of Nigerian girls of bini ethnicity who were not previously subjected to FGM.