France - CNDA, 12 March 2009, Miss K, n°639908 and Ms. D., n°638891
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What was at stake
EDAL summary. Children who were born in France and who claim a fear of persecution because they refuse to be subjected to female genital mutilation (FGM) in their country of origin fall within the scope of subsidia...
What happened
Miss K. was born in France and her mother, Ms. D., claimed that if they were returned to Mali, Miss K. would be subjected to female genital mutilation (FGM). The French Office for the Protection of Refugees and Stateless Persons (Ofpra) rejected their asylum applications. They appealed to the National Asylum Court (CNDA), which ultimately granted subsidiary protection to both Miss K. and Ms. D.
What the court decided
The court decided that children born in France who fear persecution due to refusal to undergo female genital mutilation in their country of origin are eligible for subsidiary protection, and their mothers must also be granted the same protection to ensure the child's protection is effectively implemented.
How the court got there
The court found that Miss K. would face a real risk of FGM if returned to Mali, which constitutes serious harm. Although Ms. D. did not qualify for refugee status, the court determined that the effective implementation of protection for Miss K. required that her mother also be granted subsidiary protection to prevent separation.
Statutes and cases cited
- § Qualification Directive art. 15
- § Refugee Convention art. 1A(2)
- Sissoko
Categories
Authoritative link
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