The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO (the Chief International Protection Officer and the International Protection Officers) are independent by law in the exercise of their international protection functions.
Under the International Protection Act 2015, each application is assessed individually on its merits. All applicants for international protection are carefully interviewed and their cases are individually assessed by experienced caseworkers. The circumstances of each individual case is assessed having regard to both the subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date information on the applicant’s country or place of origin). The IPO also has specially trained caseworkers to process cases from unaccompanied minors.
An applicant’s gender must be taken into account when assessing persecution. Section 7(2)(f) of the International Protection Act 2015 provides that “acts of a gender-specific or child specific nature” are examples of acts which may amount to persecution. The IPO considers that female genital mutilation (FGM) is persecutory in nature. Gender may determine the form persecution takes and can include inter alia:
- FGM
- Forced/early marriage
- Sexual and gender-based violence
It may also be the reason why a person faces persecution. Section 8(3)(b) of the International Protection Act 2015 provides that: “Gender-related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group”.
Section 28(4)(c) provides that the assessment by an international protection officer of an application shall take into account "the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm."
When assessing applications for international protection involving gender-related persecution, the International Protection Office (IPO) has regard to the UNHCR’s Guidelines on International Protection No. 1: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees.
The principle of non-refoulement also applies to all decisions made on international protection applications. Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.
I am satisfied that all international protection applications, including those which cite grounds of a gender-specific nature (such as a fear of FGM), are examined fairly, sensitively and impartially by fully trained caseworkers and contracted panel members in accordance with all relevant UNHCR and European Union Agency for Asylum (EUAA) guidelines and also in accordance with applicable laws and case-law.
