France - CNDA, 6 July 2009, Ms. D., n°635611/08016081
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What was at stake
EDAL summary. A woman having undergone female genital mutilation FGM, who benefitted from reconstructive surgery in France, an act considered as an infringement of Guinean customs despite its official ban, must be...
What the court decided
The Court held that a woman who underwent female genital mutilation (FGM) and subsequently reconstructive surgery in France, an act considered an infringement of Guinean customs, must be recognized as a member of the social group of women who oppose FGM in Guinea. This membership, combined with a well-founded fear of persecution upon return due to the surgery and lack of state protection, entitled her to asylum.
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