A Nigerian mother and her two daughters had been refused asylum in the State and subsequently made applications for leave to remain. Deportation orders were issued and the applicants sought to challenge these on the basis, inter alia, that the Minister failed to consider the daughters’ fear of female genital mutilation (FGM) in light of the European Convention on Human Rights and the UN Convention against Torture.
The Court granted leave, finding that if there is an allegation that is not insubstantial that by returning individuals to a certain country they may be subject to torture, then there is a special obligation on the decision-maker to consider all available material and in a general way identify the principal reasons why, in the face of specific material which reasonably leads to the conclusion that there is danger, that there is no danger. The Court also stated that FGM constituted torture.
