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20/06/2023
FR: The CNDA granted refugee status to two young girls citing the fear of being exposed to the risk of genital mutilation if they were returned to Sudan.

ECLI
Input Provided By
EUAA IDS
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. (for the minor E) and M. (for the minor E.) v Office for the Protection of Refugees and Stateless Persons (OFPRA), Nos 22043418 and 22043419 C, 20 June 2023. 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=3533
Case history
Other information
Abstract

The judgment concerns the cases of two applicants, twin sisters from Sudan, of Arabic origin and from the state of South Kordofan, who requested international protection in France citing the risk of being subjected to FGM/C in Sudan by their maternal and paternal families. By decisions pronounced on 23 June 2022 the OFPRA rejected their requests. Both applicants appealed these decisions.


The CNDA allowed the appeals and provided refugee protection to both applicants. The CNDA identified for the first time the existence of a social group of children and non-mutilated women in Sudan. The court referred to a report by the NGO 28TooMany, which noted that the prevalence of FGM/C in Sudan was at 86.6% for women between 15 and 49 years old, at 31.5% for girls under the age of 14 and which also reported that the states with the highest prevalence in Sudan were Kordofan North, Darfour North, and the North. It further noted that in the state of South Kordofan, from where the applicants originated, the prevalence rate of FGM/C reached 88.8% and that the type practiced there was the most severe. The court further noted that on 10 July 2020, a law was passed in Sudan, prohibiting the practice but still the prohibition was largely ignored by the population, the medicals staff and the local authorities. The court concluded that FGM/C was a social norm in Sudan and that the applicants would be at risk of being subjected to this practice if they would return to Sudan.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
Nos 22043418 and 22043419 C
Date of Decision
20/06/2023
Country of Origin
Sudan
Keywords
FGM/C
Membership of a particular social group
Vulnerable Group
Source
CNDA
Other Source/Information
CNDA Press release