The subject of this practice memo is how UNE assess the risk of genital mutilation in asylum cases.
The practice memo provides a description of UNE’s practice. It is based on a review of approximately 40 decisions.
The right to asylum requires that one is recognised as a refugee in accordance with the Immigration Act section 28, second paragraph. In order to be recognised as a refugee pursuant to section 28, first paragraph, letter a, the appellant must have a 'well-founded fear of persectuion' upon return to the country of origin. The fear is 'well-founded' if there is a real danger of persecution. Genital mutilation is considered as persecution.
UNE’s practice entails that a risk of genital mutilation on return to the country of origin will provide a basis for protection (asylum), following a concrete individual assessment. Among other things, great emphasis is placed on the parent's ability and willingness to oppose demands for genital mutilation. If the complainant can receive protection in another part of the country of origin, she will not be recognised as a refugee, cf. § 28, fifth paragraph.