FGM claims from Somalia are governed by AMM and Others [2011] country guidance, which recognised FGM as persecution constituting a serious violation of fundamental rights. With prevalence rates exceeding 98% in some communities, the baseline risk for women and girls from Somalia is exceptionally high.
Expert witnesses assess the specific ethnic, regional, and family context of the appellant's FGM risk. Daughter-at-risk claims require analysis of whether the appellant has daughters who would face FGM on return, and whether the appellant could protect them. State and community protection is virtually non-existent.
Internal relocation analysis for FGM claims must address whether relocation within Somalia would reduce FGM risk, considering regional variations in prevalence and enforcement, clan and family pressure, and the appellant's ability to access protection at the relocation destination.
Frequently Asked Questions
Is FGM automatically persecution in Somalia cases?
AMM [2011] established that FGM in Somalia constitutes persecution. However, the tribunal still assesses the individual appellant's risk based on their specific family, clan, and regional context. Expert evidence addresses the particular circumstances of the appellant's FGM fear.
How are daughter-at-risk claims assessed?
Expert witnesses assess whether the appellant has daughters who would face FGM on return, the family and community pressure to perform FGM, and whether the appellant could realistically protect their daughters given social norms and lack of state protection in Somalia.