No it is not the issue, the issue here concerns three people, not the population of Africa and yes I have no problem repeating that I would not send a female child to any coutry where FGM is practiced. I have already suggested that there needs to be an international response to these problems.
[QUOTE=golum;1532367]Just to clarify this. The Court do not decide to deport somebody, that power is vested in the Minister. Nor do the Courts decide not deport a person, that power is also vested in the Minister.
QUOTE]
If the application is refused by the court or if the case collapses,as appears to be the most likely eventuality now, the Minister can then make a decision to allow the family to remain here.
FGM is carried out in many countries. The question as to whether or not it is State-sponsored is another matter. Domestic violence, or acts which are illegal in the country in which they are alleged to have taken place are not grounds to be granted refugee status
so basivally the minsietr has alreday made his decision and the court case is the swedcond part of teh process not the first? Well thats interesting, and what hjumanitarain grounds are there for her not being sent to the UK? Thats what it comes down to, Nigeria does ntoe enter the equation.
[quote=hopi watcher;1532386]Thats true, as far as the jurisdiction of the High Court goes, but the deportation order is already signed by the Minister, if you remember. She evaded deportation some years ago and instigated the High Court action. What would be required is the Minister to rescind the present order and grant leave to remain. In the present circumstances, given her previous evasion and subsequent issues relating to her probity, do you honestly think that likely?
Additionally, making sweeping statements about letting anyone from a country where FGM is practiced stay is slightly illogical. Do you not think there should be some personal risk involved, not just generalised difficulties. The incidence of FGM in Nigeria is not such that the UN has decided that it is a refugee producing country. In fact the opposite is the case. They accept that generally Nigeria is not refugee producing. Additionally, every country in Europe has Nigeria on its equivalent of our "safe list" which is a recognition of the fact that they very rarely produce refugees, for any reason.
I fully support anyones wish to remain IF they have an ACTUAL risk of FGM, not a possible, and lets be honest, after recent events, dubious risk.
Good Grief.
Defo going around in circles, and never the twain should meet.
It's simple really. The case has been lost, so the discussion has moved on to the greater issue of FGM. Should this woman be let stay because of the risk of FGM if she was to return to Nigeria?
Should all those in danger of FGM be given a home here, or only those with enough resources to make it here in the first place?
It comes down to the simple facts. This woman rightfully took these cases to court. Nobody stopped her doing it and my understanding is that the state, at least inpart, paid for the process. She lost. If she had won she would be allowed to stay, but she lost on the facts (even if some of those 'facts' are forgeries.) Are we now asking that law be put aside because we feel sorry for this woman? The other issues such as race, FGM, etc are side issues to this question. Are those supporting her staying in Ireland advising that the law should only be upheld if people agree with the outcome, or if it only impacts people we don't feel sorry for?
Whether the minister decision would create a precendent in legal terms is not the point, it would be used in future cases to put pressure on the minister. Why deport one person who had lost a case and not another.
"I've said it before, and I'll say it again: democracy just doesn't work". - Kent Brockman