TB9-11725

TB9-11725

The RAD set aside the RPD decision and found the appellants to be Convention refugees because the RPD erred in its credibility analysis by failing to consider a reasonable explanation for the delay in leaving Nigeria, mischaracterizing the brief US stay given the appellants' goal to reach Canada, improperly discounting documentary evidence about the uncle's influential position, and by failing to account for the lack of effective state protection and impracticability of internal relocation, establishing a serious possibility of persecution (FGM) on return.

Citation
TB9-11725
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse: XXXX XXXX; Minor Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 January 2020
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal — RAD Substituted RPD Decision
Outcome
Decision of the RPD is set aside and substituted: appellants are found to be Convention refugees.
Legal Topics
Convention Refugee, Female Genital Mutilation (fgm), State Protection, Credibility Assessment, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Persecution Convention Refugee Female Genital Mutilation (fgm) State Protection Credibility Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse

XXXX XXXX

Minor Child

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal — RAD Substituted RPD Decision

Legal Issues

  1. 1 Whether the appellants established a well-founded fear of persecution (FGM)
  2. 2 Whether the RPD erred in credibility findings including delay in departure
  3. 3 Whether failure to claim in the USA justified adverse inference

Ratio Decidendi

The RAD set aside the RPD decision and found the appellants to be Convention refugees because the RPD erred in its credibility analysis by failing to consider a reasonable explanation for the delay in leaving Nigeria, mischaracterizing the brief US stay given the appellants' goal to reach Canada, improperly discounting documentary evidence about the uncle's influential position, and by failing to account for the lack of effective state protection and impracticability of internal relocation, establishing a serious possibility of persecution (FGM) on return.

Court Disposition

Decision of the RPD is set aside and substituted: appellants are found to be Convention refugees.

Orders

  • The RAD sets aside the decision of the Refugee Protection Division and substitutes a decision that the appellants are Convention refugees pursuant to IRPA s.111(1)(b).