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.