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29/07/2025
FR: The National Court of Asylum rejected the appeal of a Guinean woman of Diakhanké ethnicity, finding her account of forced marriage, female genital mutilation/cutting (FGM/C), and family reprisals not credible, and holding that the risk of re-excision in Guinea for women who have undergone reconstructive surgery was not established in light of reliable country information.
29/07/2025
FR: The National Court of Asylum rejected the appeal of a Guinean woman of Diakhanké ethnicity, finding her account of forced marriage, female genital mutilation/cutting (FGM/C), and family reprisals not credible, and holding that the risk of re-excision in Guinea for women who have undergone reconstructive surgery was not established in light of reliable country information.

ECLI
Input Provided By
EUAA Grants
Type
Judgment
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], D. v French Office for the Protection of Refugees and Stateless Persons (Office Français de Protection des Réfugiés et Apatrides‚ OFPRA), 25013796 C, 29 July 2025. 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=5407
Case history
Other information
Abstract

The applicant, a Guinean national of Diakhanké ethnicity and Muslim faith born in 2002, applied for international protection in France in April 2025. She claimed that she feared persecution if returned to Guinea on two grounds: membership of the social group of women fleeing forced marriage, and of women exposed to female genital mutilation/cutting (FGM/C). She also alleged a risk of inhuman or degrading treatment due to potential reprisals from her family and her spouse following forced marriage, as well as her personal vulnerability.


The applicant stated that she was subjected to FGM/C at the age of six and was later forced to marry a man in his sixties to repay her father’s debt. She claimed to have suffered physical and psychological abuse until 2018, when she escaped from her village with the help of her aunt. She moved to Morocco, where she lived with a partner, with whom she had a child in 2020. After her family in Guinea discovered her whereabouts, she left for France in June 2023 without her child. In December 2024, she underwent reconstructive surgery in France for genital mutilation.


The French Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the applicant’s asylum application on 21 February 2025. She appealed to the National Court of Asylum (Cour nationale du droit d’asile, CNDA), seeking refugee status or, alternatively, subsidiary protection under Article L.512-1 of CESEDA.


The CNDA assessed the credibility of the applicant’s account, finding significant inconsistencies and gaps in her narrative. She failed to provide detailed explanations of the reasons behind her father’s indebtedness which led to her forced marriage, provided contradictory statements about her extramarital relationship with her partner (with whom she eventually fled to Morocco), and gave vague descriptions of the ritual surrounding her forced marriage. The court found implausible that she left the country with the help of her aunt without being pursued or harassed by other family members. She was also unable to demonstrate that forced marriages were common in her family or community. Although the CNDA acknowledged the medical documentation confirming the presence of excision scars, it concluded that this did not substantiate the alleged circumstances of persecution.


On the risk of re-excision, the court referred to multiple country-of-origin reports (OFPRA 2018, Dutch Ministry of Foreign Affairs 2020, Belgian Commissioner General for Refugees and Stateless Persons 2020) indicating that re-excision was not a general practice in Guinea, especially for adult women. The CNDA found that the applicant’s claim that having had reconstructive surgery in France exposed her to renewed excision risk in Guinea was unsupported and speculative.


The CNDA also rejected the applicant’s allegations of family reprisals, noting that the threats she reported from her uncle and other relatives while in Rabat were not corroborated. Her psychological assessment did not establish a direct link between her condition and the alleged persecution.


In conclusion, the CNDA dismissed the appeal and upheld OFPRA’s refusal of international protection. It found that the applicant’s account lacked credibility and coherence, and that the risk of re-excision was not established in light of reliable country information, and that therefore, persecution under Article 1A(2) of the Geneva Convention or a real risk of serious harm under Article L.512-1 of CESEDA were not established.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
25013796 C
Date of Decision
29/07/2025
Country of Origin
Guinea
Keywords
Country of Origin Information
Credibility
FGM/C
Forced marriage/Child marriage
Gender based persecution
Membership of a particular social group
Other Source/Information
Press release
RETURN