counsel appointed through a pro bono program and again we thank you for you and your program for your services both today and in greeting and as before i think for the government also appreciates that sometimes it's easier to address these cases when we do have such excellent three things that we thank you thank you  morning me please the court my name is kimberly tomar she and i represent the petitioner collette dunton in this case when she was a very small child in the first and second years of her education colette missed about half of every year of school and she missed half a year of school because you spent that time being raped in film by a ring of child pornographers child pornographers who had access to her because she was a vulnerable catholic child living in northern ireland during the catholic protestant troubles of the one nine hundred sixty s and one nine hundred seventy s pornographers who selected her particularly because she was a catholic child and a catholic child born on a  johnson presented among other things the claim that she was eligible for asylum on the basis of her past persecution alone because of its atrocity the immigration judge did not address this question the immigration judge did not address whether sexual abuse constituted persecution at all but rather focused only on the threat that she received from her persecutors years later when she had the courage to report them to a police force that was unwilling to investigate  my client was a very small child whose parents were unwilling to deal with the problem to her abuse her father was himself a sexual abuser her mother for what reasons we don't know in the record didn't report the abuse and lied to her school about why i was out into the attention of many of the virtual football what we do know is that in that time period not just once but regularly the british government refused to investigate child sexual abuse and covered and they're there they're in the thing the link to get to the last statement it seems to me in terms of government participation in the most compelling interact evidence of that is actually the statements of her persecutors and in this court has found a direct statements of persecutors to be relevant to motivation her prosecutor told her that she was special because she was a catholic child born on a protestant holiday they told her you were special because you are catholic and some of her music is were catholic correct the family who have family who initiated her into a ring of persecutors that we can presume included some protestants because of their access to the home of a prominent protestant british the government passively ready to go forward but they can't go forward on nothing actually there is there's quite a bit of evidence in the record about this and this is one of the things that makes the immigration judges refusal  any testimony about the police investigation is still very troubling and if you cross this front in some of her written her earlier written statements and is done to stated that she was told by the police at first that they couldn't find the people finger at which is fairly implausible given that all northern irish are required to register with the police and so they should know where everyone wants and then later was told that they were located and they were actually living in ireland and the police force in northern ireland refused to cooperate with the irish police in order to be able to continue the investigation so there's evidence in the record that the government was actually unwilling or unable to continue to pursue the investigation once it was discover wouldn't listen to any evidence as to the conduct of the police and dropping the investigation that alone suggests that a real man for a full and fair hearing would be appropriate but i would contend to you that my client even with the limited opportunity that she had to present evidence was able to demonstrate a well founded fear for future persecution and that the ins was unable to rebut the presumption of future persecution by providing evidence that she could relocate and that's really the other important issue in this case the ins demonstrated only that she had lived in scotland for some period of time without suffering for the persecution it's important to remember that that period that she lived in came after she went the next time she went home to northern ireland in northern ireland but there's no indication that she had any problem when she resided in england in the record no there is not why wouldn't this be sufficient to substantiate the board's position that she can wreak located within the country i would submit to the court that this that that her abuser is contacted her only when she went home to northern ireland to stay with her mother who had made public in the community that she was coming home that she was threatened once they could find her we have no information whether between one nine hundred ninety seven in one thousand nine hundred ninety had any information about where she was any ability to find her compelled to believe otherwise we're on the record are we compelled to believe that if she returns to london she's going to have torture and persecution well what we know is that the police are unwilling miss donne to drop her criminal investigation was more akin to witness tampering or obstruction of justice and ordinary criminal activity is not a basis first time of either turning to sexual abuse mistimed suffered it was harmful and it was tragic and no one denies that but there's no indication that it was perpetrated on account of a protected characteristic nor there is there any evidence that was perpetrated by anyone within the government or that the government is unwilling or unable to protect a mist and from her would be persecut again she never reported these incidents we have no evidence that the british government is unwilling or unable to protect her but the immigration judge did enter an alternative finding that even if she did suffer past persecution the government rebutted with the presumption of wealth secret to keep that abuse from forming the grounds of prosecution for the abusers that would be on a protected ground and then dunston married a protestant and one of the things that her abuser mentioned during the threat was that he would send her to join her how did you know who i volunteered my firm has an established relationship with the pope on a program we take a few cases a year at least in the coordinator in our area knows that so he calls us up and tells us when he has a case thank you thank you for your