However, systematic protection for asylum seekers on the grounds of FGM has not been achieved. The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . 2.0x. Annex 2 - Interviews - Questions Key INTERVIEW KEY 1: HEALTH CARE PROFESSIONALS 72Demographic Questions . It is also a good idea to keep your answer short and relevant. To satisfy the other requirement, the asylum seeker must demonstrate that she faces a reasonable possibility of other serious harm in her country. In my case I had to wait for the decision to come in the mail as I live away from the Immigration Office. 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 . Q: Tell me about yourself. Clinicians play an important role in providing documentation and expert testimony for women seeking asylum on the basis on FGM/C. A: This is one of the most common questions asked at the beginning of an interview. Fatou claimed asylum. 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 . I also submitted recorded voice message from my mother-inlaw threatening me and my husband with death because of refusal to submit my daughter. 1.2x. 2.4.3 Although against the law and in decline, FGM continues to be practiced in Nigeria. (e.g. Female Genital Mutilation and its Management - Green-top Guideline No.53 . (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?) 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. Women and girls fearing FGM 2.4.2 UNICEF categorised Nigeria as a 'moderately' low prevalence country for FGM. It would be absurd if the respondent was prevented, at a hearing . 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 . Claims involving adult dependants cannot currently be considered under the Family Asylum Claims process and the Dependants policy guidance should continue to be followed. Female Genital Mutilation/Cutting (FGM/C) affects millions of girls and women globally each year despite widespread criminalization of the practice. 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. Should I apply new file for her or add an amendment in the same case? 16. 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 . Violation of the law is punishable by up to 5 years in prison, fines, or both. Rapid immigration from countries that practice female genital mutilation/cutting (FGM/C) has introduced new populations requiring culturally sensitive health care. Zoe Gardner, Communications Officer at Asylum Aid, explained why this is the case. There is no exception for performing FGM/C because of tradition or culture. 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. FGM vs. FGC has clearly been settled. Where the applicant brings a declaration to the interview, the case could be rescheduled. • 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. See also the FGM section in Asylum Instruction on Gender Issues in Asylum Claims with regard past FGM and future risk. 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. 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). INS guidelines for children's asylum claims. 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. 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. 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. 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 . The law essentially states that "whatever country that you first seek asylum is responsible for your case.". Refugee Studies Centre, Mini-feature on FGM and asylum in Europe, Forced Migration Review No. 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. Policy intention The policy objective behind the Family Asylum Claims process is to ensure that: You can bring an attorney and/or an interpreter with you to the interview. ignorance of FGM being grounds for refugee status, trauma or memory loss, a pro-active engagement of asylum authorities on this issue is crucial. 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 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). In relation to the FGM Protection Order made in relation to this matter . AR 2-3. . 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. FGM survivors may face additional barriers to communication such as discomfort in discussing the subject and disclosing . This video provides some basic information on the asylum program as it relates to victims of female genital mutilation ("FGM . It is also a good idea to keep your answer short and relevant. 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 . Annex 2 - Interviews - Questions Key INTERVIEW KEY 1: HEALTH CARE PROFESSIONALS 72Demographic Questions . 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. 2.0x. 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. Please contact editor@amerainternational.org for any questions, corrections or additions. 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 . FGM/C as persecution and the nexus to Refugee Convention grounds . Ask your caseworker at least one day before. Having this information makes women feel more confident to speak freely at their asylum interview. 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 . To put this in perspective: in 2018, 105,472 asylum cases were submitted. 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 . In 2020, the Trump administration initiated a series of changes to the asylum process that had a significant impact . If you're a lawyer representing asylum-seekers or if you have been granted asylum in the United States yourself, tell us your story. 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. Q&A. If you include your spouse or children An approximated number of between 100-140 million women have undergone FGM and 3 million girls yearly are perceived to be at risk globally. The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . A Schaefer Law Firm client recently found out that her affirmative asylum application was approved. Violation of the law is punishable by up to 5 years in prison, fines, or both. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. This study will adopt a three-phase, exploratory sequential mixed methods design. Methods. She was expecting it to be tough . Your interpreter will also take an oath promising to interpret accurately and truthfully. as a result, have access to the applicant's asylum interview or other material which would ordinarily be considered in a protection claim. Personal identification documents are a requirement, including a birth certificate, a passport, and an ID card if the government regularly issues one. The practice has no health benefits and can lead to a range of serious physical and mental health problems. 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. 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. The interview is a (supposedly) non-confrontational conversation between the asylum applicant and an Asylum Officer. You will be asked to take an oath promising to tell the truth during the interview. Asylum Granted Based on FGM and Domestic Violence. However, I haven't received any response from them or change on my case status. Identification. 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 . Our . 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.". In 2011, Tahirih celebrated a milestone legal victory, Matter of A-T-, for such FGM/C survivors. Female Genital Mutilation and its Management - Green-top Guideline No.53 . Interview with Pauline Ikongho. African Union Assembly/AU/Dec. 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. 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. Methods. This hour we'll explore who gets in, who doesn't and why. 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. A specific offence of female genital mutilation was enacted by section 1 of the Female Genital Mutilation Act 2003 ("the 2003 Act"). for asylum, see the dependants section in the Asylum screening guidance. 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 ). . 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. . 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. 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). It is estimated that at least 600,000 women in Europe have undergone female genital mutilation and 200 million women worldwide. 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. If the practice continues at the current pace, 68 million girls will We conducted a cross-sectional study using retrospective chart review and . a. Withholding of Removal. 1.5x. You can ask for your interview to be tape recorded if you do not have legal representation. 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. in case the first entry country does not consider FGM as a ground for asylum, in case there are no specialised services to . 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. 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. A typical Asylum Office interrogation . rape or other forms of serious violence, including female genital mutilation (FGM) . 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. An applicant may wait for several years before he/she is called for . Fatou was now homeless, destitute and facing deportation. 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. 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. You do not get a certificate for being raped or being at risk of FGM. Germany, 2019. The practice is mostly common in sub Saharan Africa.
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