8/15/2023 0 Comments Female vice lords initiation![]() ![]() Mr Saville argued that there was nothing in the objective evidence, which says that people of the Mendi tribe suffer more than any other women from any other part of Sierra Leone. Mr Kuranchie then went on to argue that there would not be a sufficiency of protection for the appellant in Sierra Leone but, as already stated above, Mr Saville did accept that there would not be and that was why he had conceded the Article 3 claim. If those characteristics are accepted as defining the group, then he would argue that the Adjudicator erred in finding that there is no Convention reason. The desire to preserve their body is so fundamental that they should not be required to change it. ![]() Their immutable characteristics are that they are young and female, with an intact body, which has not been interfered with by way of FGM, regardless of the fact that some of the women from that tribe do not oppose FGM. Mr Kuranchie argued that the appellant is a member of a particular social group of women of the Mendi tribe. ![]() He found that in the particular circumstances of this case the group to which the appellant claims membership of would not exist independently of and not been identified by the persecution. The Adjudicator having considered the principles established in Shah and Islam did not find that this particular appellant falls within the categories of persons that can be described as persons of a particular social group, since it was clear from the principles enunciated in Shah and Islam that "the social group must exist independently of, and not be identified by, the persecution". They were going to force her into having female circumcision which she objected to and one of her relatives paid for her to flee her village and the country. The appellant said that she was selected by a group of females in her village to replace her grandmother. Her grandmother who was the head circumciser in her village died without a female descendant save for her. The appellant's account was that she comes from a lineage of women who generally hold the rank of persons responsible for the carrying out of female genital mutilation. He relied on the Tribunal decision in M (Kenya). Mr Saville was, however, contesting the argument in the grounds of appeal that the appellant's claim engages the Convention by way of her membership of a particular social group. Mr Saville informed the Tribunal that he was granting the appellant three years humanitarian protection leave and was therefore conceding that there would not be a sufficiency of protection for the appellant were she to be removed to Sierra Leone. The Adjudicator dismissed both the asylum and Article 3 claims. The appellant claimed to have a well-founded of persecution if returned to Sierra Leone as a result of membership of a particular social group, that is a female who is expected to undergo female genital mutilation (FGM). The appellant, a citizen of Sierra Leone, appeals with leave of the Tribunal against the determination of an Adjudicator (Mr C A Vaudin d'Imecourt) dismissing her appeal against the decision of the respondent made on 14 January 2003 to refuse to vary her leave to enter or remain and grant her asylum in the United Kingdom. ![]() KH Heard at: Field House RM ( Sierra Leone – Female Genital Mutilation – membership of a particular Social Group) Sierra Leone UKIAT 00108 On: 5 April 2004 IMMIGRATION APPEAL TRIBUNAL Date Determination notified: Before: Miss K Eshun (Chairman) Mr P S Aujla Mrs L R Schmitt Between APPELLANT and SECRETARY OF STATE FOR THE HOME DEPARTMENT RESPONDENT Representation: For the appellant: Mr K Kuranchie of the Refugee Legal Centre For the respondent: Mr D Saville, Home Office Presenting Officer DETERMINATION AND REASONS 1. ![]()
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