Case Update
Another Successful Appeal
Asylum Appeal Allowed for FGM Victim: Tribunal Finds Daughter at Real Risk of FGM and Holds that Curtailment Notice Was Not Effectively Served, Preserving Lawful Residence. The Appellant was represented by Counsel Mohammed Monwar Hossain, Head of MH Barristers.
August 2026
– Case Description
The First-tier Tribunal allowed the asylum appeal of a Nigerian national and her three dependent children after finding that her daughter faced a real risk of Female Genital Mutilation (FGM) if returned to Nigeria. The Tribunal accepted that the appellant was herself an FGM survivor and placed significant weight on the medical evidence, school safeguarding records and counselling evidence, which confirmed the daughter’s genuine fear of FGM and the psychological impact of the FGM-related death of a close friend.
A key issue in the appeal was the respondent’s reliance on an alleged curtailment of the appellant’s student leave. The Tribunal found that the Secretary of State had failed to prove that the curtailment notice had been effectively served, noting the absence of evidence of successful service and the Home Office’s continued processing of the children’s visa applications after the alleged curtailment. It therefore concluded that no adverse credibility finding arose from the appellant’s immigration history and that her leave continued under section 3C of the Immigration Act 1971, meaning that she remained lawfully present in the United Kingdom.
The Tribunal further found that effective state protection was not available in the appellant’s particular circumstances and that internal relocation within Nigeria would neither eliminate the risk nor be reasonable. Accordingly, the appeal was allowed on asylum grounds and under Article 3 of the European Convention on Human Rights (ECHR), recognising the appellant as a refugee.
MH Barristers remains committed to delivering the highest standard of legal representation and achieving successful outcomes for its clients across all areas of immigration, asylum and nationality law. This decision reflects our continued dedication to thorough case preparation, strategic advocacy and client-focused representation. We take pride in consistently securing positive results through careful legal analysis and effective presentation before the courts and tribunals. Our team remains steadfast in its commitment to protecting our clients’ rights and providing exceptional legal services tailored to their individual circumstances.