Fornah v SSHD

In the Fornah case [2006] UKHL 46 (HL judgment handed down on 18th October 2006), Michael Fordham QC acted (pro bono) for the United Nations High Commissioner for Refugees, intervening in writing and orally in the House of Lords.

UNHCR's submissions and analysis were adopted in their entirety, in this important case recognising female genital mutilation as gender-based persecution. The House of Lords endorsed UNHCR's principles on asylum claims, and its approach to the new EU Asylum Directive as needing to be interpreted liberally to ensure compatibility with the Refugee Convention.

Lord Bingham paid tribute to Mike's submissions for UNHCR, saying at [9]: "the House derived great help from the submissions of counsel on [UNHCR]'s behalf". Speaking of the Court of Appeal's judgment, which their Lordships unanimously overturned, Lord Bingham said this at [31]: "had that court had the benefit of the UNHCR's very articulate argument, it might, I think, have reached the same conclusion".