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20/09/2023
FR: The CNDA applied EUAA's Country Guidance on Somalia (published in August 2023) to the regions of Middle Shabelle and Benadir.

ECLI
Input Provided By
EUAA IDS
Type
Decision
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Mme M. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 22040462 C+, 20 September 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=3820
Case history
Other information

The CNDA applied EUAA's Country Guidance on Somalia, from August 2023:

Previous case law on Somalia:

Abstract

The applicant, a Somalian woman, applied for international protection in France and the OFPRA rejected her application. The applicant contested this decision before the CNDA, requesting the court to grant her refugee status, alternatively subsidiary protection. Upon analysing the applicant's declarations, the CNDA concluded that they did not suffice to establish her qualification as a refugee under the 1951 Refugee Convention. Turning to subsidiary protection, the CNDA noted that the applicant came from the region of Middle Shabelle and would also have to go through to the region of Benadir if returned to her country of origin. The CNDA applied the EUAA's Country Guidance on Somalia from August 2023 and noted that although the security situation in Benadir and Middle Shabelle did not reach the level of indiscriminate violence prescribed by article 15(c) of the Qualification Directive to establish that a person faces a serious and individual threat to their life or person from their mere presence there, it is such that a lower threshold of elements of individualisation is required for subsidiary protection to be granted. In this case, the CNDA concluded that the applicant's circumstances did justify the application of subsidiary protection, notably in light of the fact that she is the isolated mother of a young daughter born in France and is no longer in contact with her family, who moved to a different region.


Regarding the applicant's minor daughter, born in France in 2023, the CNDA noted that the applicant's subsidiary protection was extended to her, whilst the asylum claims made in her name on the grounds of fear of FGM were sent back to the OFPRA for further consideration.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 22040462 C+
Date of Decision
20/09/2023
Country of Origin
Somalia
Keywords
EUAA Country Guidance Materials
FGM/C
Indiscriminate violence
Minor / Best interests of the child
Subsidiary Protection
Source
CNDA
Other Source/Information
CNDA