Violation of the law is punishable by up to 5 years in prison, fines, or both. 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 . Hi, I mailed an asylum interview expedite request 1 month ago to my the asylum office with jurisdiction over my case. The interview is a (supposedly) non-confrontational conversation between the asylum applicant and an Asylum Officer. (e.g. 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 ). You do not get a certificate for being raped or being at risk of FGM. It would be absurd if the respondent was prevented, at a hearing . Refugee Studies Centre, Mini-feature on FGM and asylum in Europe, Forced Migration Review No. "A woman seeking asylum may be fleeing something like female genital mutilation (FGM), domestic violence or rape, none of which are easy to evidence. In 2020, the Trump administration initiated a series of changes to the asylum process that had a significant impact . . 29. 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. FGM/C as persecution and the nexus to Refugee Convention grounds . Violation of the law is punishable by up to 5 years in prison, fines, or both. If you include your spouse or children The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . Ask your caseworker at least one day before. 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. If you're a lawyer representing asylum-seekers or if you have been granted asylum in the United States yourself, tell us your story. subject to a Dublin decision but has applied for asylum in a second country? 16. - In 2011, Tahirih celebrated a milestone legal victory, Matter of A-T-, for such FGM/C survivors. Your interpreter will also take an oath promising to interpret accurately and truthfully. Germany, 2019. Female Genital Mutilation/Cutting (FGM/C) affects millions of girls and women globally each year despite widespread criminalization of the practice. Back to Contents a. . African Union Assembly/AU/Dec. 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 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 . 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. To date, there have been 509 cases in the asylum court that mention FGM explicitly . In other words, having TPS status "stops the clock" on the requirement to file for asylum within 1 year of arriving in the . 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. Interview with Pauline Ikongho. 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. Q: Tell me about yourself. You will be asked to take an oath promising to tell the truth during the interview. that interact with asylum seeking women and girls. 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. It can also put the interviewer at their ease and make for a better environment for the woman being interviewed. Female Genital Mutilation and its Management - Green-top Guideline No.53 . 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). Methods. Identification. 49 - Disasters and displacement in a changing climate, May 2015, ISSN 1460-9819. 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. 1.2x. You can ask for your interview to be tape recorded if you do not have legal representation. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Clinicians play an important role in providing documentation and expert testimony for women seeking asylum on the basis on FGM/C. It may be called "female circumcision" in some parts of the world. Adequate support during the interview and credibility assessment. 2.3.3 FGM is mostly performed on girls and young women between the ages of 12 Rapid immigration from countries that practice female genital mutilation/cutting (FGM/C) has introduced new populations requiring culturally sensitive health care. in case the first entry country does not consider FGM as a ground for asylum, in case there are no specialised services to . 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. as a result, have access to the applicant's asylum interview or other material which would ordinarily be considered in a protection claim. . FGM vs. FGC has clearly been settled. The law essentially states that "whatever country that you first seek asylum is responsible for your case.". . 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. 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. for asylum, see the dependants section in the Asylum screening guidance. Of course, some governments refuse to issue documents to those it oppresses. 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 . 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 . Q&A. You also are not allowed to travel outside the United States while on withholding status. 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. 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. A typical Asylum Office interrogation . 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. If you win "Asylum," you'll also have the chance to eventually become a permanent resident in the U.S. Having this information makes women feel more confident to speak freely at their asylum interview. 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. 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 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 . Personal identification documents are a requirement, including a birth certificate, a passport, and an ID card if the government regularly issues one. Annex 2 - Interviews - Questions Key INTERVIEW KEY 1: HEALTH CARE PROFESSIONALS 72Demographic Questions . Withholding of Removal. New York Lawyer's Legal Updates 3 Common Reasons For Denial Of Asylum After The Interview Author: USA Asylum Lawyer Alena Shautsova. We didn't know about (FGM) when the file was submitted . There is no exception for performing FGM/C because of tradition or culture. Zoe Gardner, Communications Officer at Asylum Aid, explained why this is the case. A Schaefer Law Firm client recently found out that her affirmative asylum application was approved. This study will adopt a three-phase, exploratory sequential mixed methods design. 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 prior to interview. An applicant may wait for several years before he/she is called for . Policy intention The policy objective behind the Family Asylum Claims process is to ensure that: 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. rape or other forms of serious violence, including female genital mutilation (FGM) . Female Genital Mutilation and its Management - Green-top Guideline No.53 . The personal interview as part of the asylum application process should consider gender, sexual orientation and vulnerability circumstances. 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 . 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). 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 . 1.2.2 Where a child is granted asylum, their accompanying parents may also be eligible for refugee status or humanitarian protection. The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . AR 2-3. . There is no exception for performing FGM/C because of tradition or culture. Should I apply new file for her or add an amendment in the same case? 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 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). a. Please contact editor@amerainternational.org for any questions, corrections or additions. some cases, asylum seekers have been granted asylum or subsidiary protection on the grounds of FGM. A woman who has been subjected to FGM has likely satisfied the first prong of the requirement for "other serious harm" asylum. Share sensitive information only on official, secure websites. What is "Asylum?" "Asylum" is a way to stop your deportation and become a refugee. It is also a good idea to keep your answer short and relevant. Women and girls fearing FGM 2.4.2 UNICEF categorised Nigeria as a 'moderately' low prevalence country for FGM. 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 . is referred to as FGM (see Definition and categorisation by type of FGM). Under some circumstances, this can be done on one's own initiative, as described in How to Prepare an Affirmative Asylum Application. And sometimes, an Asylum Office supervisor or trainee is also present. 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. It takes place in an office; not a courtroom. 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. 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. She was expecting it to be tough . 1.2x. Claims involving adult dependants cannot currently be considered under the Family Asylum Claims process and the Dependants policy guidance should continue to be followed. 2.0x. 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. 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.