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31/10/2023
FR: The CNDA ruled that non-mutilated girls, teenagers and women constitute a particular social group in Sierra Leone in the sense of Article 1.A.2. of the 1951 Refugee Convention and, on this basis, granted the applicant refugee protection.

ECLI
Input Provided By
EUAA IDS
Type
Decision
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Mme. K. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 23019157 C, 31 October 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=3817
Case history
Other information
Abstract

The applicant, a girl with nationality of Sierra-Leone, born in France to parents from Sierra-Leone, applied for international protection in France on the grounds that she feared persecution under the form of FGM/C performed by either of her parents' families upon return to her country of origin, without being able to avail herself of the national authorities' protection. In this regard, the applicant, through her legal representatives, insisted on her belonging to the Temne ethnic group, in which her parents would not be able to oppose the will of their families and community to mutilate her as this practice results from a common decision-making process involving many individuals besides the parents themselves. The OFPRA rejected the applicant's request. The applicant contested this decision, requesting the CNDA to annul it and grant her refugee protection, or alternatively subsidiary protection.


First, the CNDA recalled the grounds for granting refugee protection and the definition of a particular social group under Article 1.A.2. of the 1951 Refugee Convention. Then, the court noted that non-mutilated women and girls could constitute a particular social group in this sense in societies where FGM/C is a social norm. In this regard, the court noted that determining the existence of the group did not depend on the number of persons concerned but rather on their perception by society and institutions, through which the link between membership of this group and persecution could be established. Based on available country-of-origin information, the court ruled that non-mutilated women and girls did constitute a particular social group in the sense of the 1951 Refugee Convention in Sierra Leone, as the practice of FGM/C was prevalent and was still considered an initiation rite in feminine secret societies, without which they could face exclusion from the community.


Thus, the CNDA, noting that the declarations of the applicant's parents had allowed to establish her well-founded fear of persecution on these grounds, granted her refugee protection.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 23019157 C
Date of Decision
31/10/2023
Country of Origin
Sierra Leone
Keywords
FGM/C
Membership of a particular social group
Minor / Best interests of the child
Vulnerable Group
Source
CNDA
Other Source/Information
CNDA