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16/10/2019
FR: The Council of State Council of State limited the concept of social group of Nigerian victims of human trafficking

ECLI
ECLI: FR: CECHR: 2019: 418328.20191016
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
France, Council of State [Conseil d'État], Mrs. B. A. (Nigeria) v French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 26/01/2016], 418328, ECLI: FR: CECHR: 2019: 418328.20191016, 16 October 2019. 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=997
Case history
Other information
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:


The Council of State, in its rejection of the applicant’s appeal, opined that only the women who managed to effectively escape the trafficking ring could be considered as belonging to the social group of Nigerian women from the State of Edo who were victims of a human trafficking network for sexual exploitation. With this decision, the Council of State limits this social group solely to the women who effectively managed to extricate themselves from the trafficking network and thus does not include those who merely attempted to leave the network. In so doing, the country’s highest administrative jurisdiction has reversed the Court’s jurisprudence (CNDA, GF 30 March 2017, N° 16015058) which held that women who had “taken steps” to extricate themselves belonged to this social group.


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
418328
Date of Decision
16/10/2019
Country of Origin
Nigeria
Keywords
Vulnerable Group
Source
Legifrance
RETURN