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International Journal of Refugee Law Advance Access originally published online on June 16, 2007
International Journal of Refugee Law 2007 19(2):339-359; doi:10.1093/ijrl/eem011
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© The Author (2007). Published by Oxford University Press. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org

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Case for the Intervener in Zainab Esther Fornah (Appellant) v. Secretary of State for the Home Department (Respondent) and UNHCR (Intervener) (House of Lords)

The first 150 words of the full text of this article appear below.


   I. Introduction
 

1. In this appeal Your Lordships will decide whether asylum status can arise, through a gender-based Particular Social Group (PSG), where the well-founded fear is of a brutal practice of female genital mutilation (FGM), serving as a societally-embedded rite of passage by which (but not without which) Sierra Leonean females are accepted as ‘real’ women (Statement of Facts and Issues §§6–8). The central issue divided both the IAA (where the adjudicator found refugee status but was overturned by the IAT), and the Court of Appeal (where Arden LJ would have found asylum status but the majority of Auld and Chadwick LJJ rejected it).
2. UNHCR intervenes with Your Lordships' permission, in the light of its supervisory responsibility in respect of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (the 1951 Convention) and other refugee protection instruments: see Art. 8(a) of the 1950 Statute of the . . . [Full Text of this Article]


   II. Materials and Commentary
 
Female Genital Mutilation (FGM) as a societally-embedded rite
Gender-related persecution
The approach to "Particular Social Group" (PSG)
FGM as gender-related persecution

   III. Submissions
 
A wider PSG: ‘women in Sierra Leone’
A narrower PSG: ‘intact women in Sierra Leone’
Some open questions

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