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12/09/2023
FR: The CNDA granted subsidiary protection to a former victim of a Nigeria-based transnational sexual exploitation network from the DRC.

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 S. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 22059173 C, 12 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=3822
Case history
Other information
Abstract

The applicant, a female citizen from the Democratic Republic of the Congo, applied for international protection in France. Her application was rejected by the OFPRA. The applicant contested this decision before the CNDA, which she requested to annul the OFPRA's decision and to grant her refugee protection or alternatively subsidiary protection. The applicant claimed that, upon return to her country of origin, she would face persecution due to her escape from a network of trafficking in human beings for sexual exploitation and due to vulnerability caused by her personal circumstances, without being able to avail herself of the national authorities' protection.


On the one hand, the CNDA noted that the applicant could not be granted refugee protection because the absence of country-of-origin information on society's treatment of former victims of sexual exploitation networks in the DRC at the time of the decision did not allow her qualification as a member of a particular social group within the meaning of Article 1.A.2. of the 1951 Refugee Convention.


On the other hand, the CNDA stated that the applicant's declarations and available country-of-origin information on the condition of female victims of sexual exploitation in the DRC, indicating a high risk of rape and sexual exploitation as well as difficulties to access housing, education and medical care, were sufficient to grant her subsidiary protection. In this regard, the CNDA specifically took note of the applicant's vulnerability in light of her health situation, which necessitated medical care, and the lack of material and financial means and absence of family or other relations, which could safeguard her autonomy and ensure her protection from the network she escaped.


Therefore, the CNDA annulled the OFPRA's decision and granted the applicant subsidiary protection.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 22059173 C
Date of Decision
12/09/2023
Country of Origin
Democratic Republic of the Congo
Keywords
Country of Origin Information
Medical condition
Subsidiary Protection
Trafficking
Vulnerable Group
Source
CNDA
Other Source/Information
CNDA