MB4-01937

MB4-01937

The panel rejected the adult claimant's and the son's claims because their accounts contained significant contradictions, omissions and lacked corroboration, undermining credibility and failing to discharge the evidentiary burden; the minor claimant's claim was accepted because objective evidence and credible testimony established a serious possibility of persecution by FGM, with no adequate state protection or viable internal flight alternative in Djibouti.

Citation
MB4-01937
Parties
Principal Claimant: XXXX XXXX XXXX; Claimant Son: XXXX XXXX XXXX; Minor Claimant Daughter: XXXX XXXX XXXX; Counsel for the Minister (cbsa): Sarah Marie Côté; Designated Representative: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 May 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision by Refugee Protection Division (rpd)
Outcome
Claims of the adult claimant and her son are rejected; claim of the minor daughter is allowed and she is found to be a Convention refugee.
Legal Topics
Convention Refugee, Persons in Need of Protection, Credibility Findings, Female Genital Mutilation (fgm), State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Persons in Need of Protection Credibility Findings Female Genital Mutilation (fgm) State Protection +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Claimant Son

XXXX XXXX XXXX

Minor Claimant Daughter

Sarah Marie Côté

Counsel for the Minister (cbsa)

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision by Refugee Protection Division (rpd)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants face a danger of torture, risk to life or cruel and unusual treatment under subsection 97(1) IRPA
  3. 3 Whether the minor faces a serious possibility of persecution by virtue of FGM

Ratio Decidendi

The panel rejected the adult claimant's and the son's claims because their accounts contained significant contradictions, omissions and lacked corroboration, undermining credibility and failing to discharge the evidentiary burden; the minor claimant's claim was accepted because objective evidence and credible testimony established a serious possibility of persecution by FGM, with no adequate state protection or viable internal flight alternative in Djibouti.

Court Disposition

Claims of the adult claimant and her son are rejected; claim of the minor daughter is allowed and she is found to be a Convention refugee.

Orders

  • The refugee protection claims of XXXX XXXX XXXX and XXXX XXXX XXXX are rejected.
  • The refugee protection claim of XXXX XXXX XXXX is allowed; the minor claimant is found to be a Convention refugee.