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France
Country of Decision : France
Court Name : FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Date of decision : 12/02/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : N° 20034127

B. (Democratic Republic of Congo) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA)

B., national of the Democratic Reoublic of Congo, was rejected international protection by OFPRA and contested the decision, by arguing that she is member of the Hema ethnic group and had been victim of ethnic group clashes in her home region, Ituri. Her father was murdered by the Lendu ethnic group in February 2018 and her husband disappeared during volent attacks on her village by armed group of Lendu militiamen. In April 2019 she fled with her five children. She fears persecution upon return due to her ethnic origins and she could not benefit of state actors’ protection.  

The CNDA admitted her appeal and granted her refugee status after having assessed that all her statements were credible and well documented by medical certificates and corroborated with country of origin information from relevant sources.

The CNDA stated also that the vulnerable situation of the applicant as single mother, having to take care alone of 5 children would make it difficult for her and her minor children to settle in a safe environment in the Democratic Republic of Congo.

Actors of protection; Assessment of Application; Asylum Procedures/Special Procedures; Country of Origin Information; Minor; Refugee Protection; Vulnerable Group;

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;

EASO IDS

France,FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], B. (Democratic Republic of Congo) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 12/02/2021
FR: The CNDA grants refugee status to a single mother of five minors based on risk of persecution upon return to the Democratic Republic of Congo

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1607

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