The first applicant, the mother, filed for asylum upon arriving in Sweden, claiming she had fled Nigeria while pregnant with her daughter, the second applicant, in an attempt to flee the female-genital mutilation ("FGM") that would have been performed on her during childbirth if she stayed in Nigeria. The Swedish Migration Board rejected the asylum application, explaining that FGM was not grounds for asylum, and that FGM was outlawed by Nigerian law so it was unlikely the first applicant would be submitted to the procedure upon return to Nigeria. The Swedish Aliens Appeal Board rejected the applicant's appeal, rejecting her argument that FGM was a deep-rooted Nigerian tradition, carried out despite modern law. Following several more attempts within Sweden to be granted asylum, the applicants filed a complaint with the ECHR, alleging that if they were returned to Nigeria, they would face a high likelihood of being submitted to FGM. The argued this would violate Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The ECHR rejected the complaint, ruling that the applicants had failed to "substantiate that they would face a real and concrete risk of being subjected to female genital mutilation upon returning to Nigeria.
Collins and Akaziebie v. Sweden
European Court of Human Rights