Q&A. 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 personal interview as part of the asylum application process should consider gender, sexual orientation and vulnerability circumstances. 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. In relation to the FGM Protection Order made in relation to this matter . Rapid immigration from countries that practice female genital mutilation/cutting (FGM/C) has introduced new populations requiring culturally sensitive health care. Policy intention The policy objective behind the Family Asylum Claims process is to ensure that: that interact with asylum seeking women and girls. Officials can seek advice from experts on questions . AR 2-3. . Of course, some governments refuse to issue documents to those it oppresses. 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. some cases, asylum seekers have been granted asylum or subsidiary protection on the grounds of FGM. 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. New York Lawyer's Legal Updates 3 Common Reasons For Denial Of Asylum After The Interview Author: USA Asylum Lawyer Alena Shautsova. Clinicians play an important role in providing documentation and expert testimony for women seeking asylum on the basis on FGM/C. Violation of the law is punishable by up to 5 years in prison, fines, or both. . Share sensitive information only on official, secure websites. Her asylum claim, however, was refused. 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 . A woman who has been subjected to FGM has likely satisfied the first prong of the requirement for "other serious harm" asylum. 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. The intent of this paper is to provide instruction to providers aiming to evaluate an individual . 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). Withholding of Removal. 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. Interview with Pauline Ikongho. 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. Hi, I mailed an asylum interview expedite request 1 month ago to my the asylum office with jurisdiction over my case. Methods A scoping study design was . Fatou claimed asylum. Avvo helps you learn about your legal situation, connect with lawyers, and get advice. rape or other forms of serious violence, including female genital mutilation (FGM) . Methods. 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 . Ask your question and . In other words, having TPS status "stops the clock" on the requirement to file for asylum within 1 year of arriving in the . . What is "Asylum?" "Asylum" is a way to stop your deportation and become a refugee. I also submitted recorded voice message from my mother-inlaw threatening me and my husband with death because of refusal to submit my daughter. A specific offence of female genital mutilation was enacted by section 1 of the Female Genital Mutilation Act 2003 ("the 2003 Act"). . 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 . 1.5x. Asylum Granted Based on FGM and Domestic Violence. Female Genital Mutilation and its Management - Green-top Guideline No.53 . 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. However, I haven't received any response from them or change on my case status. 49 - Disasters and displacement in a changing climate, May 2015, ISSN 1460-9819. Female Genital Mutilation/Cutting (FGM/C) affects millions of girls and women globally each year despite widespread criminalization of the practice. 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. 20. It takes place in an office; not a courtroom. The interview is a (supposedly) non-confrontational conversation between the asylum applicant and an Asylum Officer. likelihood that a person will be subjected to FGM (or further FGM) on return. 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. The findings from phase 1 will inform phase 2: the development of an educational program for midwives and nurses on the health and . is referred to as FGM (see Definition and categorisation by type of FGM). FGM survivors may face additional barriers to communication such as discomfort in discussing the subject and disclosing . 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 ). prior to interview. 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. 1.2x. 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. 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 do not get a certificate for being raped or being at risk of FGM. 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. The e-learning course 'United against female genital mutilation' addresses the issue of FGM in the context of health and asylum services. 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 . A Schaefer Law Firm client recently found out that her affirmative asylum application was approved. 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 To date, there have been 509 cases in the asylum court that mention FGM explicitly . 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 . Q: Tell me about yourself. 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. Under some circumstances, this can be done on one's own initiative, as described in How to Prepare an Affirmative Asylum Application. However, systematic protection for asylum seekers on the grounds of FGM has not been achieved. 1.2x. Background Public and policy attention to female genital mutilation (FGM) in diaspora communities has increased in Europe, but research remains limited and misinformation abounds. Women and girls fearing FGM 2.4.2 UNICEF categorised Nigeria as a 'moderately' low prevalence country for FGM. And sometimes, an Asylum Office supervisor or trainee is also present. It may be called "female circumcision" in some parts of the world. Back to Contents a. 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. 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. Everyone applying for asylum in the United States must file Form I-589, Application for Asylum and Withholding of Removal. 1.2.2 Where a child is granted asylum, their accompanying parents may also be eligible for refugee status or humanitarian protection. Methods. 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. A: This is one of the most common questions asked at the beginning of an interview. FGM is prevalent in a number of African countries and elsewhere. In 2020, the Trump administration initiated a series of changes to the asylum process that had a significant impact . Identification. - Having this information makes women feel more confident to speak freely at their asylum interview. 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. 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. Annex 2 - Interviews - Questions Key INTERVIEW KEY 1: HEALTH CARE PROFESSIONALS 72Demographic Questions . You can bring an attorney and/or an interpreter with you to the interview. Ask your caseworker at least one day before. 2.4.3 Although against the law and in decline, FGM continues to be practiced in Nigeria. 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 . There is no exception for performing FGM/C because of tradition or culture. Featured BASC cooks up a storm with colleges across the country. The practice has no health benefits and can lead to a range of serious physical and mental health problems. A: This is one of the most common questions asked at the beginning of an interview. 1.5x. 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). Long waits for interviews/interview scheduling issues. To put this in perspective: in 2018, 105,472 asylum cases were submitted. 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. The practice is mostly common in sub Saharan Africa. Q: Tell me about yourself. We didn't know about (FGM) when the file was submitted . We conducted a cross-sectional study using retrospective chart review and . In 2011, Tahirih celebrated a milestone legal victory, Matter of A-T-, for such FGM/C survivors. INS guidelines for children's asylum claims. subject to a Dublin decision but has applied for asylum in a second country? 2.0x. "A woman seeking asylum may be fleeing something like female genital mutilation (FGM), domestic violence or rape, none of which are easy to evidence. 2011. If you're a lawyer representing asylum-seekers or if you have been granted asylum in the United States yourself, tell us your story. African Union Assembly/AU/Dec. 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 Interview with Pauline Ikongho. The e-learning course 'United against female genital mutilation' addresses the issue of FGM in the context of health and asylum services. I don't see the need to continue these discussions given the bounty of evidence toward the term FGM . 2.3.3 FGM is mostly performed on girls and young women between the ages of 12 There is no exception for performing FGM/C because of tradition or culture. 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). A typical Asylum Office interrogation . Violation of the law is punishable by up to 5 years in prison, fines, or both. This study will adopt a three-phase, exploratory sequential mixed methods design. a. 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 . for asylum, see the dependants section in the Asylum screening guidance. . 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. Asylum Withholding of Removal The Convention Against Torture, or "CAT" for short. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. 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 . 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. 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. 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. It is estimated that at least 600,000 women in Europe have undergone female genital mutilation and 200 million women worldwide. . 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 . FGM vs. FGC has clearly been settled. It is also a good idea to keep your answer short and relevant. 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. ignorance of FGM being grounds for refugee status, trauma or memory loss, a pro-active engagement of asylum authorities on this issue is crucial. 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 How to take advantage of the status of my wife (FGM) in this case? Personal identification documents are a requirement, including a birth certificate, a passport, and an ID card if the government regularly issues one. Where the applicant brings a declaration to the interview, the case could be rescheduled. Please contact editor@amerainternational.org for any questions, corrections or additions. 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. 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. 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 . 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 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). She was expecting it to be tough . as a result, have access to the applicant's asylum interview or other material which would ordinarily be considered in a protection claim. See also the FGM section in Asylum Instruction on Gender Issues in Asylum Claims with regard past FGM and future risk. Adequate support during the interview and credibility assessment. FGM/C as persecution and the nexus to Refugee Convention grounds . If the practice continues at the current pace, 68 million girls will To satisfy the other requirement, the asylum seeker must demonstrate that she faces a reasonable possibility of other serious harm in her country. 29. You can ask for your interview to be tape recorded if you do not have legal representation. AR 2-3. . Fatou was now homeless, destitute and facing deportation. 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 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 . Female Genital Mutilation and its Management - Green-top Guideline No.53 . 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. Get your questions answered. The law essentially states that "whatever country that you first seek asylum is responsible for your case.". 16. Your interpreter will also take an oath promising to interpret accurately and truthfully. Claims involving adult dependants cannot currently be considered under the Family Asylum Claims process and the Dependants policy guidance should continue to be followed. It is also a good idea to keep your answer short and relevant. This study will adopt a three-phase, exploratory sequential mixed methods design. In my case I had to wait for the decision to come in the mail as I live away from the Immigration Office. Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If you include your spouse or children In those cases, foreign nationals must demonstrate they attempted to get the document, but were refused. in case the first entry country does not consider FGM as a ground for asylum, in case there are no specialised services to . An applicant may wait for several years before he/she is called for . Should I apply new file for her or add an amendment in the same case? 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. 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. (e.g. 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.". 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. It can also put the interviewer at their ease and make for a better environment for the woman being interviewed. Somalia has the Germany, 2019. You will be asked to take an oath promising to tell the truth during the interview. FGM causes pain, infection, problems with sexual intercourse, problems with urination, problems with childbirth, and death. 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. Female Genital Mutilation (FGM) is total or partial removal of external female genitalia for non-medical rationale. 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 . If you win "Asylum," you'll also have the chance to eventually become a permanent resident in the U.S. 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. 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. 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 . An approximated number of between 100-140 million women have undergone FGM and 3 million girls yearly are perceived to be at risk globally. This video provides some basic information on the asylum program as it relates to victims of female genital mutilation ("FGM . She was expecting it to be tough . 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. 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. 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. 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. This hour we'll explore who gets in, who doesn't and why. It looks to me that there is only one person who is still arguing that FGC should be used. Zoe Gardner, Communications Officer at Asylum Aid, explained why this is the case. (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?) Our .