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The Home Secretary has lost an appeal over a ruling that in the exercise of the family court's jurisdiction to make a female genital mutilation (FGM) protection order, the family court is not bound to take a previous assessment or determination of risk of FGM made by the Immigration and Asylum Chamber of the First-tier Tribunal in its determination of an asylum application based upon the risk of FGM on return.

In his ruling in Re A (A Child : Female Genital Mutilation : Asylum) (Rev 1) [2019] EWHC 2475 (Fam) (25 September 2019) the President of the Family Division, Sir Andrew McFarlane, had concluded that the family court has a duty by FMGA 2003, Schedule 2, paragraph 1(2) to “have regard to all the circumstances”.

Read the full article here: Local Government Lawyer

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