The two women are sisters of Iraqi nationality who were born in 2003 and 2005 respectively and arrived in the Netherlands in 2015 with their parents and their aunt. Asylum applications submitted by the family in 2015 were rejected in 2017 and their final appeal failed in 2018.

The young women submitted new asylum applications in 2019, arguing that their long stay in the Netherlands since 2015 had led them to adopt the norms, values and conduct of young people of their age in Dutch society.

They claimed that, if they return to Iraq, they would be unable to conform to the norms of a society which does not afford women and girls the same rights as men and that they fear being exposed to a risk of persecution due to the identity which they have formed in the Netherlands.

Those subsequent applications were also rejected by the Dutch authorities.

The women subsequently brought proceedings before the Dutch courts, which referred a question to the CJEU on the interpretation of Directive 2011/95 on international protection, which lays down the conditions for granting refugee status to third-country nationals.

The Directive sets out that refugee status should be granted in cases where a third-country national is persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group.

In its judgment, which has not yet been published in English, the CJEU holds that women, including minors, who share as a common characteristic the fact that they genuinely come to identify with the fundamental value of equality between women and men during their stay in a member state may, depending on the circumstances in the country of origin, be regarded as belonging to a “particular social group”.

It clarifies that, where an applicant for international protection is a minor, the national authorities must take into account their best interests in connection with an individual examination concerning the merits of the application for international protection submitted by that minor.

Furthermore, for the purpose of assessing an application for international protection based on a reason for persecution such as “membership of a particular social group”, a long stay in a member state may be taken into account, especially where it coincides with a period during which an applicant who is a minor has formed their identity.

The case now returns to the Dutch court.