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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 : 26/11/2018
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : Joint decisions no. 17038232 and no. 17039171

Mme. F. and Mme. S. (Mali) v French Office for the Protection of Refugees and Stateless Persons (OFPRA)

Mali

FR: CNDA's cases analysed the risk of female genital mutilation and the rejection of the request for waiver the refugee status of a mother on behalf of her daughter

The case concerns the risk of female genital mutilation (FGM).

According to the CNDA's press release: The CNDA for the first time applies Article L.752-3 of the CESEDA, rejecting a request for waiver of the refugee status of a parent on behalf of his daughter. The mother of two Malian refugees (one was Fulani by her mother and soninke by her father; and the other of Bambara origin), claimed that the prevalence of FGM in Mali was clearly decreasing and that the international protection that had been granted to her daughters undermined their freedom to come and go. The Court relied on the Convention on the Rights of the Child of 26 January 1990, which states that the best interests of the child must be paramount in all decisions concerning them, as well as that Article L. 752-3 of the CESEDA which provides that "no report of sexual mutilation alone can result in the cessation of protection granted to the minor in respect of asylum" and that "the said protection may not be terminated at the request of parents or holders of parental authority as long as the risk of sexual mutilation exists". The Court then recalled that according to the relevant geopolitical sources, FGM still affects the majority of women from the Fulani, Soninke and Bambara ethnic groups in Mali, so that there was reason to conclude that there were still a risk of being subjected to FGM. The court also added that insufficient and superficial explanations led to doubts about the meaning of the waiver process and the purpose of the intended stay or recovery in Mali, as well as the ability of their parents to protect them from FGM.

Cessation of protection; Country of Origin Information; FGM/C; Minor; Refugee Protection; Vulnerable Group;

European Convention on Human Rights; 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, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Mme. F. and Mme. S. (Mali) v French Office for the Protection of Refugees and Stateless Persons (OFPRA), Joint decisions no. 17038232 and no. 17039171, 26 November 2018. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=622