The Refugee Appeals Board reopened a case following a decision of the UN Committee for the Rights of the Child of 24 June 2022, which found that the decision of the Board to withdraw the residence permit of a female applicant (ethnic Somali and Muslim from Lower Shabelle) and her children and to deport them to Somalia, would be in violation of the UN Convention on the Rights of the Child as the daughter would risk being subjected to female genital mutilation. In September 2022, the Board reversed the decision of the Immigration Service

The female applicant had argued that she feared being killed by al-Shabaab because they suspected her of having had an extra-marital relationship with a man and she was told, after being detained that she would be sentenced to stoning. During the withdrawal proceedings she also claimed a fear that her daughter would be subject to genital mutilation upon return to Somalia, that her second daughter would be forcibly married and that her sons would be forcibly recruited by militias, including by al-Shabaab.

The Refugee Appeals Board considered that the assessment of whether a young girl is at risk of genital mutilation at the time of removal to a given country or area must primarily be based on the extent to which girls and women in that country/area are subjected to this practice. In addition, the Board noted that it is necessary to assess the extent to which the young girl in question would in fact be at risk of being forcibly cut and that a wide range of factors are taken into account, in particular whether the parents of the girl have the will and ability to withstand any pressure so it may be important whether the mother of the young girl is single, since this may have an impact on her ability to withstand the pressure.

On the general situation in Somalia in relation to female circumcision, the Board made reference to the EUAA Country Guidance: Somalia (June 2022). In addition, the Board noted UNICEF’s publication Towards ending harmful practices in Africa (June 2022) and an article from 17 September 2022 in http://www.nature.com/scientificreports, which states that Somalia has the highest rate of FGM in the world (98 %).

The Board further noted that the woman had no spouse in Somalia who would be able to assist her in coping with social pressure, their family in Somalia would encourage the practice. In light of all this, the Board concluded that it must be assumed that, in the event of an expulsion to Somalia, the young girl would be at risk of being forcibly subjected to FGM/C and thus it provided a residence permit in Denmark.