advance unedited version -CRC/C/86/D/83/2019
law of the European Court of Human Rights, 19 according to which the crucial part of
assessment of cases concerning female genital mutilation is whether the family can ensure
that their child is not subjected to the practice. Thus, the Coordination Committee decided to
apply the legal standard set forth by the European Court of Human Rights to cases concerning
female genital mutilation. The Refugee Appeals Board has since assessed such cases,
including the present case, in accordance with the case law of the European Court of Human
Rights.
6.3
The State party submits that the information provided in the author’s comments of
24 January 2020 regarding her education, employment and circumstances upon her return
have already been assessed by the Refugee Appeals Board. The State party reiterates that the
Board could not find as facts the author’s claim that she was to be considered as a single
mother without any male network in Somalia and that the decision regarding female genital
mutilation is ultimately the mother’s. The State party further notes that, according to the
available background information, those who have been exposed to western ideas and
concepts are perceived to be more able to withstand social pressure.20 As concerns Ceelbuur
not being a “big city”, the State party clarifies that, in its observations of 1 November 2019,
it merely stated that Ceelbuur is not a rural area and that it is a town with an estimated
population of almost 80,000. The State party also states that, by having resided in Ceelbuur
between 1988 and 2013, the author has demonstrated her ability to make a living there.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 20 of its rules of procedure, whether or not the claim is
admissible under the Optional Protocol.
7.2
The Committee notes the author’s uncontested statement that decisions by the Danish
Refugee Appeals Board are not subject to appeal and that therefore all domestic remedies
have been exhausted. The Committee also notes the State party’s argument, uncontested by
the author, that the Immigration Appeals Board’s decision of 11 March 2019 confirming the
Danish Immigration Service’s decision to revoke the residence permits of the author’s
children can be appealed and that this part of the communication should therefore be declared
inadmissible. The Committee notes, however, that, in reviewing the Immigration Service’s
decision to revoke the permits granted on the basis of family reunification, the Immigration
Appeals Board only assessed whether the author’s children had developed special ties with
Denmark and whether there were any other personal circumstances, including health-related,
that would make the revocation especially burdensome. It further notes that, in this decision,
the risk of female genital mutilation was not discussed and that the Immigration Appeals
Board explicitly stated that the general conditions of Somalia may be a question of asylum,
which was not part of its assessment. Thus, the Committee considers that an appeal against
the Immigration Appeals Board’s decision would not have been an effective remedy within
the meaning of article 7 (e) of the Optional Protocol as it would not have examined the
author’s claims presented to the Committee, namely, the risk that Y.A.M. would face the risk
of being subjected to female genital mutilation in case of return to Somalia. The fact that the
decision by the Immigration Appeals Board was appealable does not therefore preclude the
Committee from examining the author’s claims based on articles 3 and 19 of the Convention
that her daughter runs a risk of female genital mutilation, for which domestic remedies have
19
20
The State party cites the European Court of Human Rights, Emily Collins and Ashley Akaziebie v.
Sweden (application No. 23944/05), Sow v. Belgium (application Np. 27081/13), and R.B.A.B. and
Others v. The Netherlands (application No. 7211/06).
See UK Home Office, “Country Information and Guidance. Somalia: Women fearing gender-based
harm and violence” (2016), p. 24. Available at
https://www.justice.gov/sites/default/files/pages/attachments/2016/08/04/uk_somalia_women_fearing
_082016.pdf. See also Danish Immigration Service, “Thematic Paper: South Central Somalia Female Genital Mutilation/Cutting” (January 2016), p. 24.
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