2.4.3 Although against the law and in decline, FGM continues to be practiced in Nigeria. . Our . nurse at the Fedasil centre in Rixensart and "FGM adviser" in the framework of the project "Trajectory FGM" of the asylum and migration fund (FAMI). An approximated number of between 100-140 million women have undergone FGM and 3 million girls yearly are perceived to be at risk globally. Withholding of Removal. women's asylum news refugee women's resource project @ asylumaid issue number 70 November/December 2007 Asylum Aid needs your support to launch new services p.15 In this issue Leading article: FGM in Kenya p.1-3 RWRP news: New Publication: COI and Women Legal Advice for Women Asylum Seekers p.3 Sector Update: Women in Yarl's Wood 1.5x. Phase 1 will involve the exploration of women with FGM/C views and experiences accessing maternity and gynecological (including sexual health) services in South Australia. 74Education / Training 72 72 73 INTERVIEW KEY 2: ASYLUM ENTITIES Perception of FGM in Asylum Claims 74 74 INTERVIEW KEY 3: MIGRANT MEN Background Questions Applied in 2016 for political asylum case Added my wife and children in 2018 to my case when they arrived to USA , Still Waiting for interview. 29. The practice is mostly common in sub Saharan Africa. Asylum Granted Based on FGM and Domestic Violence. prior to interview. If you include your spouse or children the hearing was conducted in the same way as that of an adult asylum seeker: introductory questions to create a trusting atmosphere were completely absent, the pace of questioning and the . Phase 1 will involve the exploration of women with FGM/C views and experiences accessing maternity and gynecological (including sexual health) services in South Australia. You can ask for your interview to be tape recorded if you do not have legal representation. "A woman seeking asylum may be fleeing something like female genital mutilation (FGM), domestic violence or rape, none of which are easy to evidence. 1.2x. It is aimed at legal practitioners and provides an introduction to understanding FGM as a human rights issue and as a specific form of gender based violence, and its implications in the area of asylum. 74Education / Training 72 72 73 INTERVIEW KEY 2: ASYLUM ENTITIES Perception of FGM in Asylum Claims 74 74 INTERVIEW KEY 3: MIGRANT MEN Background Questions Her asylum claim, however, was refused. Appeals (BIA), alleging that she will be subjected to circumcision, also known as female genital mutilation (FGM), by her parents if forced to return to Niger. Long waits for interviews/interview scheduling issues. This project, coordinated by GAMS Belgium and conducted with the NGO INTACT, was set up to ensure adequate care for all female asylum seekers affected by . is referred to as FGM (see Definition and categorisation by type of FGM). However, I haven't received any response from them or change on my case status. Rapid immigration from countries that practice female genital mutilation/cutting (FGM/C) has introduced new populations requiring culturally sensitive health care. It takes place in an office; not a courtroom. Ask your caseworker at least one day before. This hour we'll explore who gets in, who doesn't and why. . Female Genital Mutilation (FGM/C) is described as various traditional practices that involve all procedures for partial or total removal of the external female genitalia for cultural, religious, traditional and or non- therapeutic reasons in many. Well, I had my interview before an Asylum Officer back in 2005, lasted 3 hours and by the end of it I knew pretty much what the decision would be (I had the feeling that I did not make it). The practice has no health benefits and can lead to a range of serious physical and mental health problems. The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . The law defines an applicant in need of special procedural guarantees as an applicant whose ability to benefit from the rights and fulfil his or her obligations is limited as a result of individual circumstances that may be due, inter alia, to age, sex, sexual orientation, gender identity, disability, serious illness, mental illness or disorder, or torture, rape or other . Share sensitive information only on official, secure websites. In my case I had to wait for the decision to come in the mail as I live away from the Immigration Office. Annex 2 - Interviews - Questions Key INTERVIEW KEY 1: HEALTH CARE PROFESSIONALS 72Demographic Questions . . The e-learning course 'United against female genital mutilation' addresses the issue of FGM in the context of health and asylum services. Fatou was now homeless, destitute and facing deportation. FGM/C as persecution and the nexus to Refugee Convention grounds . The e-learning course 'United against female genital mutilation' addresses the issue of FGM in the context of health and asylum services. You also are not allowed to travel outside the United States while on withholding status. . 2.0x. - Appeals (BIA), alleging that she will be subjected to circumcision, also known as female genital mutilation (FGM), by her parents if forced to return to Niger. Interview with Pauline Ikongho. Featured BASC cooks up a storm with colleges across the country. We conducted a cross-sectional study using retrospective chart review and . FGM vs. FGC has clearly been settled. It is against U.S. law to perform FGM/C on a girl under the age of 18, or to send or attempt to send her outside the United States so FGM/C can be performed. See also the FGM section in Asylum Instruction on Gender Issues in Asylum Claims with regard past FGM and future risk. If the practice continues at the current pace, 68 million girls will This study will adopt a three-phase, exploratory sequential mixed methods design. FGM causes pain, infection, problems with sexual intercourse, problems with urination, problems with childbirth, and death. Identification. A British court said on Wednesday it had no power to stop the deportation of a 10-year-old girl at risk of female genital mutilation (FGM) after authorities rejected her mother's asylum application. This project, coordinated by GAMS Belgium and conducted with the NGO INTACT, was set up to ensure adequate care for all female asylum seekers affected by . asylum officer's Assessment to Refer and the notes from the asylum interview "insofar as [he had] referenced her interview with the Asylum Officer, as rebuttal evidence . . Austria: health services available for victims of FGM; need for better education of interviewers Denmark: rejection of claims due to 'credibility'; non-standardisation of interview questions Spain: rejection of claims due to 'credibility' Luxembourg: legal ground for asylum To satisfy the other requirement, the asylum seeker must demonstrate that she faces a reasonable possibility of other serious harm in her country. A: This is one of the most common questions asked at the beginning of an interview. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. . It would be absurd if the respondent was prevented, at a hearing . You can bring an attorney and/or an interpreter with you to the interview. Policy intention The policy objective behind the Family Asylum Claims process is to ensure that: African Union Assembly/AU/Dec. A Schaefer Law Firm client recently found out that her affirmative asylum application was approved. In these exclusive interviews, Aisha, Yaam and Lesha* share their memories in an effort to encourage other women to come forward and join in the chorus of FGM survivors who are demanding an end to . She was expecting it to be tough . The law, now in its third version since 2013, was first implemented in 2013 to scale the uncontrolled arrival of migrants and asylum seekers that had put a strain on the European Asylum System as a whole. The law essentially states that "whatever country that you first seek asylum is responsible for your case.". It is against U.S. law to perform FGM/C on a girl under the age of 18, or to send or attempt to send her outside the United States so FGM/C can be performed. 16. This video provides some basic information on the asylum program as it relates to victims of female genital mutilation ("FGM . Where the applicant brings a declaration to the interview, the case could be rescheduled. This study will adopt a three-phase, exploratory sequential mixed methods design. Avvo helps you learn about your legal situation, connect with lawyers, and get advice. 20. The asylum interview is an important part of the asylum process because it is the main opportunity for the claimant to provide relevant evidence about why they need international protection and for you, as the person conducting the interview, to help draw out and test that evidence. It looks to me that there is only one person who is still arguing that FGC should be used. In those cases, foreign nationals must demonstrate they attempted to get the document, but were refused. What is "Asylum?" "Asylum" is a way to stop your deportation and become a refugee. A woman who has been subjected to FGM has likely satisfied the first prong of the requirement for "other serious harm" asylum. There is no exception for performing FGM/C because of tradition or culture. rape or other forms of serious violence, including female genital mutilation (FGM) . The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . Q: Tell me about yourself. The interview is a (supposedly) non-confrontational conversation between the asylum applicant and an Asylum Officer. • Asylum • Withholding of Removal • The Convention Against Torture, or "CAT" for short. Zoe Gardner, Communications Officer at Asylum Aid, explained why this is the case. Adequate support during the interview and credibility assessment. 2.0x. It is estimated that at least 600,000 women in Europe have undergone female genital mutilation and 200 million women worldwide. We didn't know about (FGM) when the file was submitted . in case the first entry country does not consider FGM as a ground for asylum, in case there are no specialised services to . Interview with Pauline Ikongho. But I assumed it was an archaic village practice performed across the world far from me that was fast on the decline and that it would certainly soon be near to non-existent in the 21st century of burgeoning global . It is aimed at legal practitioners and provides an introduction to understanding FGM as a human rights issue and as a specific form of gender based violence, and its implications in the area of asylum. According to the most recent data, as of "July 31, 2020, USCIS had 370,948 asylum applications, on behalf of 589,187 aliens, pending final adjudication." "Over 94% of these pending applications [about 348,691 cases] are awaiting an interview by an asylum officer."The remaining cases-approximately 22,257-have been interviewed and are waiting for a decision. Somalia has the some cases, asylum seekers have been granted asylum or subsidiary protection on the grounds of FGM. Note on Seeking Asylum: Being granted and maintaining TPS until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the 1-year filing deadline. Fatou claimed asylum. Get your questions answered. Everyone applying for asylum in the United States must file Form I-589, Application for Asylum and Withholding of Removal. It is also a good idea to keep your answer short and relevant. Should I apply new file for her or add an amendment in the same case? As an American woman living in Los Angeles, I'd rarely heard about and knew next to nothing about Female Genital Mutilation (FGM)—it simply wasn't in my sphere of awareness. Eradication efforts have focused on the health risks associated with FGM/C however, it is important to understand the sociocultural context in which this practice exists. It can also put the interviewer at their ease and make for a better environment for the woman being interviewed. that interact with asylum seeking women and girls. FGM survivors may face additional barriers to communication such as discomfort in discussing the subject and disclosing . In 2011, Tahirih celebrated a milestone legal victory, Matter of A-T-, for such FGM/C survivors. Methods. As FGM is the common phrase, cutting is a form of mutilation, and cutting can imply self injury, body modification (which are both consensual), and accidental cutting. Withholding of removal does not have the one-year requirement, but the standards are higher than asylum, and it does not have a "one year to eventual green card application rule" like asylum. 8) Where P seeks international protection in reliance on a risk of FGM and her claim is refused by the respondent, the fact that an FGMPO is subsequently made in P's favour is not a new matter for the purpose of s85 of the Nationality, Immigration and Asylum Act 2002. In other words, having TPS status "stops the clock" on the requirement to file for asylum within 1 year of arriving in the . I am really scared, the IO seems very experinced in dealing with FGM cases and the interview lasted for about 1 hr without no major questions from him except asking me some general questions. Violation of the law is punishable by up to 5 years in prison, fines, or both. Refugee Studies Centre, Mini-feature on FGM and asylum in Europe, Forced Migration Review No. While this question is broad and allows for a creative answer, it is important to tailor your response to the company and job you are applying for. AR 2-3. . Female Genital Mutilation and its Management - Green-top Guideline No.53 . INS guidelines for children's asylum claims. How to take advantage of the status of my wife (FGM) in this case? Your interpreter will also take an oath promising to interpret accurately and truthfully. 49 - Disasters and displacement in a changing climate, May 2015, ISSN 1460-9819. AR 2-3. . nurse at the Fedasil centre in Rixensart and "FGM adviser" in the framework of the project "Trajectory FGM" of the asylum and migration fund (FAMI). 2011. To date, there have been 509 cases in the asylum court that mention FGM explicitly . Of course, some governments refuse to issue documents to those it oppresses. Two months ago, an Ethiopian woman seeking asylum in the United States went to her interview with an American official who would decide her fate. A typical Asylum Office interrogation . 1.2x. In 2020, the Trump administration initiated a series of changes to the asylum process that had a significant impact . • female genital mutilation (FGM) • forced marriage • domestic abuse • modern slavery Female genital mutilation (FGM) The mandatory e-learning course Recognising and preventing FGM must be completed if you may come into contact with FGM claimants or their case files. April 21, 2000 Web posted at: 1:00 p.m. EDT (1700 GMT) WASHINGTON -- The Immigration and Naturalization Service has established a set of guidelines aimed at making interviews with youngsters as comfortable as possible if they apply for asylum in the United States -- guidelines that would be used if Elian Gonzalez makes that request. It may be called "female circumcision" in some parts of the world. Personal identification documents are a requirement, including a birth certificate, a passport, and an ID card if the government regularly issues one. She explained to the Home Office that she faced forced marriage if she returned to her home country and later told them she also faced FGM. 1.5x. Ask your question and . She was expecting it to be tough . 383 (XVII) produced a decision stating that "female genital mutilation (FGM) is a gross violation of the fundamental human rights of women and girls, with serious repercussions on the lives of millions of people worldwide, especially women and girls in Africa.". Methods A scoping study design was . Methods. In relation to the FGM Protection Order made in relation to this matter . Female Genital Mutilation (FGM) is total or partial removal of external female genitalia for non-medical rationale. It is also a good idea to keep your answer short and relevant. likelihood that a person will be subjected to FGM (or further FGM) on return. I don't see the need to continue these discussions given the bounty of evidence toward the term FGM . The asylum officer will verify your identity, ask you basic biographical questions, the reasons you are applying for asylum, and questions to determine if any bars will . . An applicant may wait for several years before he/she is called for . Claims involving adult dependants cannot currently be considered under the Family Asylum Claims process and the Dependants policy guidance should continue to be followed. Background Public and policy attention to female genital mutilation (FGM) in diaspora communities has increased in Europe, but research remains limited and misinformation abounds. Two months ago, an Ethiopian woman seeking asylum in the United States went to her interview with an American official who would decide her fate. Q: Tell me about yourself. The case involved two main claims for asylum: (1) She was a victim of female genital mutilation (FGM) (also referred to as female circumcision or female genital cutting). 2.3.2 Although against the law and in decline, FGM continues to be practiced in Kenya amongst most ethnic groups to varying extents (see Laws and National prevalence ). If you win "Asylum," you'll also have the chance to eventually become a permanent resident in the U.S. You will be asked to take an oath promising to tell the truth during the interview. Women and girls fearing FGM 2.4.2 UNICEF categorised Nigeria as a 'moderately' low prevalence country for FGM. Germany, 2019. To put this in perspective: in 2018, 105,472 asylum cases were submitted. However, systematic protection for asylum seekers on the grounds of FGM has not been achieved. (How) can a Dublin decision be overthrown based on having undergone or being at risk of FGM (how is that dealt with in each country?) FGM/C refers to all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. 2.3.3 FGM is mostly performed on girls and young women between the ages of 12 The five articles in this mini-feature address some of the issues relating to the practice of FGM in respect of asylum, focusing in particular on practices in Europe. There is no exception for performing FGM/C because of tradition or culture. Officials can seek advice from experts on questions . In the United States, a person who is applying for asylum affirmatively (or when a person is not in the Immigration court proceedings) will have to appear for an interview with an Asylum officer. Hi, I mailed an asylum interview expedite request 1 month ago to my the asylum office with jurisdiction over my case. The act of enforced FGM on a child could result in their parents being subjected to persecution or serious harm where they are opposed to it. In these exclusive interviews, Aisha, Yaam and Lesha* share their memories in an effort to encourage other women to come forward and join in the chorus of FGM survivors who are demanding an end to . You do not get a certificate for being raped or being at risk of FGM. FGM is prevalent in a number of African countries and elsewhere. Under some circumstances, this can be done on one's own initiative, as described in How to Prepare an Affirmative Asylum Application. Emilia noted that they are planning on making a change to require all client declarations to be filed 10 days prior to the asylum interview, in order to reduce delays. A specific offence of female genital mutilation was enacted by section 1 of the Female Genital Mutilation Act 2003 ("the 2003 Act"). Having this information makes women feel more confident to speak freely at their asylum interview. New York Lawyer's Legal Updates 3 Common Reasons For Denial Of Asylum After The Interview Author: USA Asylum Lawyer Alena Shautsova. If you're a lawyer representing asylum-seekers or if you have been granted asylum in the United States yourself, tell us your story. a. Female Genital Mutilation/Cutting (FGM/C) affects millions of girls and women globally each year despite widespread criminalization of the practice. subject to a Dublin decision but has applied for asylum in a second country? Please contact editor@amerainternational.org for any questions, corrections or additions. UNITED STATES ASYLUM LAWS ARE IN NEED OF REFORM AMY STERN' Gender-based asylum claims are becoming more prevalent in the United States ("US").2 Specifically, female genital mutilation ("FGM") is an issue that is currently receiving widespread attention.3 This Comment analyzes and criticizes US asylum laws regarding FGM. The intent of this paper is to provide instruction to providers aiming to evaluate an individual . Female Genital Mutilation and its Management - Green-top Guideline No.53 . The asylum authority will interview the asylum seeker to gather the relevant facts related to their testimony and assess the credibility of their claim but asylum seekers often lack knowledge about the aim of the interview. 1.2.2 Where a child is granted asylum, their accompanying parents may also be eligible for refugee status or humanitarian protection. I also submitted recorded voice message from my mother-inlaw threatening me and my husband with death because of refusal to submit my daughter. As a first step to addressing these issues, this study explored FGM prevention and response interventions in Europe, using a scoping literature review and key informant interviews. Asylum is an immigration program in the United States that protects some foreign nationals from persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group. Q&A. asylum officer's Assessment to Refer and the notes from the asylum interview "insofar as [he had] referenced her interview with the Asylum Officer, as rebuttal evidence . A: This is one of the most common questions asked at the beginning of an interview. The capacity to process asylum applications is approximately 2,000 to 4,000 interviews per month, which is between 24,000 and 48,000 applications per year. as a result, have access to the applicant's asylum interview or other material which would ordinarily be considered in a protection claim. ignorance of FGM being grounds for refugee status, trauma or memory loss, a pro-active engagement of asylum authorities on this issue is crucial. While this question is broad and allows for a creative answer, it is important to tailor your response to the company and job you are applying for. Clinicians play an important role in providing documentation and expert testimony for women seeking asylum on the basis on FGM/C. The girl's mother, who travelled to Britain from Bahrain and would be sent back there if deported, had expressed fears that Bahraini authorities could force her and her daughter to return to Sudan . Violation of the law is punishable by up to 5 years in prison, fines, or both. The personal interview as part of the asylum application process should consider gender, sexual orientation and vulnerability circumstances. for asylum, see the dependants section in the Asylum screening guidance. Annex 2 - Interviews - Questions Key INTERVIEW KEY 1: HEALTH CARE PROFESSIONALS 72Demographic Questions . UN High Commissioner for Refugees (UNHCR) (2013) Too Much Pain: Female Genital Mutilation & Asylum in the European Union - A Statistical Overview [Online] United Nations Children's . (e.g. The decision to grant asylum to a woman from Mali who endured FGM/C as a child and feared a life-threatening forced marriage to her cousin later in life clearly established that FGM/C is a form of persecution with long-lasting effects and a close . Back to Contents a. And sometimes, an Asylum Office supervisor or trainee is also present. -