France - CNDA, 23 April 2008, Miss N., n°574495
| Country of Decision: | France |
| Country of applicant: | Nigeria |
| Court name: | National Asylum Court / Cour nationale du droit d’asile (CNDA) |
| Date of decision: | 23-04-2011 |
| Citation: | CNDA, 23 avril 2008, Mlle N., n°574495 |
| Additional citation: | Commission nationale du droit d’asile, 23 avril 2008, Mlle N., n°574495 |
Keywords:
| Keywords |
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Actors of protection
Description
"Actors such as: (a) the State; or (b) parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State; who take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection." |
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Internal protection
Description
Where in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and the applicant can reasonably be expected to stay in that part of the country. |
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Membership of a particular social group
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive, membership of a particular social group means members who share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society. Depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation. Sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the Member States: Gender related aspects might be considered, without by themselves alone creating a presumption for the applicability of this concept. |
Headnote:
Women who are subjected to the norms and customary laws of FGM and forced marriage in rural areas in Nigeria cannot avail themselves of the protection of the State authorities, and their attitude is perceived as an infringement by the community members. They therefore form a social group within the meaning of Article 1 A (2) of the 1951 Refugee Convention. Furthermore, the impossibility of marrying another person constitutes an obstacle to leading a normal life in another part of the country and an alternative protection alternative cannot be considered.
Facts:
The applicant, from Nigeria, graduated from the University of Calabar. In 2000, elders in her village told her father that she should undergo FGM. In March 2004, the community leader declared that he intended to marry her, as her father had promised before her birth. The FGM and the wedding were planned for August and September 2005. Although the applicant was working and earning a high salary, she left Nigeria. The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected her asylum application. The applicant challenged this negative decision before the Cour Nationale du Droit d’Asile (National Asylum Court) (CNDA).
Decision & reasoning:
The Court considered on the one hand, that in view of the norms and customary laws relative to FGM and forced marriage in force in the River State in Nigeria, and despite the legal ban by the Federal State and of the Rivers State, women who are subjected to theses practices in rural areas cannot avail themselves of the protection of the State authorities, and their attitude is perceived as an infringement of customary norms by community members. They therefore form a social group within the meaning of Article 1A(2)of the 1951 Refugee Convention. The applicant had a well-founded fear of persecution due to her membership of this group.
The Court considered on the other hand, that the applicant, due to her social rank, her educational degree and her ties to several towns in Nigeria, had the financial capacity to relocate to another part of the Federation without any fear of being persecuted. However, it would be extremely difficult for her to find another person who would marry her against the will of her parents. She therefore would not be able to lead a normal life in another part of the Federation.
Outcome:
Refugee status was granted to the applicant.
Observations/comments:
See comments on the definition of a particular social group under CNDA, 23 December 2010, Miss D., n°09011388
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law) |