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08/08/2023
DK: Refugee Appeals Board granted a residence permit based on the risk of FGM/C if returned to Somalia.

ECLI
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Denmark, Refugee Appeals Board [Flygtningenævnet], X v Danish Immigration Service, 08 August 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4019
Case history
Other information

United Nations, Committee on the Rights of the Child [CRC], H.K on behalf of S.K. v Denmark, CRC/C/90/D/99/2019, 01 June 2022. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

The applicant is a girl born in Denmark to parents who are ethnically Somali and Sunni Muslims. The applicant’s parents have referred to the fact that they, on the applicant's behalf, fear that the applicant will be at risk of being exposed to FGM/C if returned to Somalia. The applicant's parents have also referred to the fact that she and her siblings, as a result of their upbringing in Denmark have been westernized.


The Refugee Appeals Board noted about the risk of circumcision that it appeared from the recent background information, including the namely the Danish Immigration Service’s report Somalia – Female Genital Mutilation (FGM), published in February 2021, EUAA's Country Guidance: Somalia (June 2022) and UNICEF's publication Towards ending harmful practices in Africa (June 2022), that 98-99% of girls in Somalia are circumcised.


The Refugee Appeals Board then noted that the applicant’s parents have consistently explained during the case that they are against circumcision, but it was not clear whether they would be able to resist the pressure from family and surroundings in Somalia


The Refugee Appeals Board concluded that it was probable that there was a significant risk that the applicant will be exposed to FGM/C if returned to Somalia and granted the applicant a residence permit under the Aliens Act.


Country of Decision
Denmark
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Date of Decision
08/08/2023
Country of Origin
Somalia
Keywords
FGM/C
Minor / Best interests of the child
Vulnerable Group