CAT/C/59/D/644/2014 The facts as presented by the complainant 2.1 The complainant is a Catholic Christian who belongs to the Esan (or Ishan) ethnic group. She grew up in Benin City, Edo State, Nigeria. She submits that, in 2000, she moved to Italy, where she worked and had a temporary residence permit. She worked firstly as a babysitter and then as an employee in a porcelain company. She married her now exhusband in 2004; he is also a Nigerian national, from the Uromi ethnic group. They have three daughters. The first two children were born in Italy and the third in Sweden. In 2008, the complainant lost her job. She claims that, since she was unemployed, she became dependent on her husband’s residence permit, and would lose her permit if her husband became unemployed or if she divorced him. 2.2 The complainant’s then mother-in-law, living in Nigeria, insisted that the daughters should undergo female genital mutilation. Following a family visit to Nigeria in 2010, the complainant’s husband also started to insist. When the complainant refused, he became aggressive and abused her physically. The complainant submits that, on an unspecified date, she informed the Italian welfare services of the situation; that she was told that an agreement had to be personally reached with her husband; and that she did not denounce her ex-husband’s abuses for fear of losing her residence permit, and because she did not believe the Italian authorities would provide her with assistance. In 2012, when she was pregnant with her third daughter, she decided to leave her husband because she feared that he would use the opportunity to take the two older daughters to Nigeria when she was hospitalized to give birth. 2.3 On 1 September 2012, while pregnant with her third child, the complainant arrived in Sweden with her other two daughters and applied for asylum on the same day. She claimed that, if her daughters were returned to Nigeria or Italy, they would be at risk of female genital mutilation performed on the instructions of their father and grandmother. Furthermore, her siblings, living in Nigeria, had had their own children mutilated and also supported such practices. On 3 April 2013, the Swedish Migration Agency rejected her application. It stated that her account did not fit the requirement of being probable and credible, since she had been able to protect her daughters against female genital mutilation thus far; that she had not turned to the Italian or Nigerian authorities for protection; and that she had not submitted any written documents to support her asylum request. Moreover, the complainant had no problem with the authorities in her country of origin. The Migration Agency also noted that 30 per cent of all women in Nigeria were genitally mutilated; that the practice was most common in the southern areas of Nigeria, performed by Igbo and Yoruba ethnic groups; that 82.4 per cent of victims of female genital mutilation were mutilated during the first year of age, 1.6 per cent between the ages of 1 and 4 years, and 12.5 per cent after 5 years of age; that, according to a country report about Nigeria, the number of female genital mutilations had decreased; and that Edo State had a ban on female genital mutilation and the law had criminalized the act. 1 Against this background, it found that it was unlikely that the complainant’s daughters would face the risk of being subjected to female genital mutilation if returned to Nigeria, and that it was not against the three children’s best interests to return them to Nigeria, along with their mother. Accordingly, the Migration Agency gave the complainant four weeks to leave the country voluntarily with her children. 2.4 On 25 April 2013, the complainant appealed the Migration Agency’s decision before the Migration Court. She submitted that, despite the ban on female genital mutilation in Edo State, the practice of female genital mutilation continued, as shown by the fact that there was no information that anyone had been prosecuted for such acts; that those 1 2 The Migration Agency’s decision refers, inter alia, to the Operational Guidance Note: Nigeria issued by the Home Office of the United Kingdom of Great Britain and Northern Ireland in January 2013.

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