According to the summary provided by the EUAA Courts and Tribunals Network:

The applicants were a Nigerian family who claimed that their daughters were at a risk of FGM from family members if they returned. The applicants supplied documents which included a Nigerian solicitor’s letter dated 19 November 2018 and a reply to that letter from the Commissioner of Police in Lagos dated 15 January 2020.

The Court quashed the Tribunal decision on the basis of the failure of the Tribunal to consider the letter dated 15 January 2020. The Tribunal also erred by failing to determine the validity of the letter dated 19 November 2018 and by incorrectly stating that this letter post-dated the Applicants departure for Ireland.

The Court noted:

“A first stage in the enquiry was to decide whether to accept or reject the two documents as evidence of a complaint made by BBA’s brother to the police relating to her allegation that she and her family were being subjected to wrongful threats and pressure from the clan. The Tribunal erred in not considering this issue and giving a reasoned decision.

Once that decision was made, the Tribunal could also look at the content of the documents for the purpose of deciding whether and to what extent they supported or undermined any proposition relevant to its decision. The Tribunal was obliged to consider the documents rationally.”

Certiorari granted