Where new evidence is submitted to the Minister for Justice in support of a request for revocation of deportation orders from a family under s. 3(11) of the Immigration Act 1999, showing that a member of that family has been subject to FGM, the Minister is obliged to give consideration to the question of whether affirming the orders will breach the prohibition on refoulement and analogous obligations on him or her. He or she will not be entitled to affirm the orders simply on the basis of the fact that the analysis leading to the making of them had had regard to country of origin information showing inter alia that FGM was decreasing, bearing in mind that such evidence was not before him or her at that time and the need to assess whether or not the infliction of FGM on one family member might detract from the weight that would normally be attached to such country of origin information.

The subjects of deportation orders are estopped by their conduct from challenging the orders by way of judicial review if they seek revocation of them, thereby acknowledging their validity.