France - CRR, Plenary session, 29 July 2005, Miss T., n°519803
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What was at stake
EDAL summary. Women who want to escape from a forced marriage, whose attitude is perceived by whole or part of the society of their country of origin as an infringement of the applicable customs and laws, and who t...
What happened
The Cameroonian applicant, a mother of three, was pressured to become the 11th wife of a village leader after her father's death. She refused, was raped, escaped, and later her common‑law husband was beaten twice while she was absent; the authorities refused to register her complaint. She fled Cameroon, applied for asylum in France, was rejected by Ofpra, and appealed before the CRR/CNDA, which found the alleged facts not established and the fears not well‑founded, and dismissed the claim.
What the court decided
The court decided that women who want to escape from a forced marriage and face a risk of persecution or inhuman treatment should be considered as members of a social group in the meaning of Article 1A(2) of the 1951 Refugee Convention, but only if their attitude is perceived by whole or part of the society of their country of origin as an infringement of the applicable customs and laws.
How the court got there
The CRR/CNDA applied the criteria for membership of a particular social group under Article 1A(2) of the 1951 Refugee Convention, requiring that the woman's attitude be perceived by the society of her origin as an infringement of customs and laws. It concluded that the evidence did not demonstrate such perception, and therefore the applicant did not satisfy the requirements for refugee status or subsidiary protection, leading to the rejection of the claim.
Statutes and cases cited
- § Refugee Convention art. 1A(2)
- § Ceseda art. L.712-1
- CNDA 23 Dec 2010 Mlle D.
- ICTY Celibici
Categories
Authoritative link
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