TB9-21514

TB9-21514

The RAD concluded the appellants were credible on the central aspects of their claim, the documentary and medical evidence, together with country information, establish a serious possibility of persecution for refusing to force the daughter to undergo FGM, state protection is not reasonably available because the agent is linked to police and enforcement is inadequate, internal flight alternatives are not reasonable, and therefore the appellants meet the definition of Convention refugees; the RPD decision is set aside and replaced under IRPA s.111(1)(b).

Citation
TB9-21514
Parties
Principal Appellant (husband and Father): XXXX XXXX XXXX; Associate Appellant (wife and Mother): XXXX XXXX XXXX; Minor Associate Appellant (daughter): XXXX XXXX XXXX XXXX XXXX; Minor Associate Appellant (son): XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (appeal Allowed)
Outcome
Appeal allowed; RAD sets aside the RPD determination and substitutes its own determination that the appellants are Convention refugees.
Legal Topics
Convention Refugee Determination, Female Genital Mutilation (fgm), Safe Third Country Rule, Internal Flight Alternative, State Protection, Credibility Findings, Documentary Evidence Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Family Law Gender Based Violence Convention Refugee Determination Female Genital Mutilation (fgm) Safe Third Country Rule +4 more

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Parties

XXXX XXXX XXXX

Principal Appellant (husband and Father)

XXXX XXXX XXXX

Associate Appellant (wife and Mother)

XXXX XXXX XXXX XXXX XXXX

Minor Associate Appellant (daughter)

XXXX XXXX XXXX XXXX XXXX

Minor Associate Appellant (son)

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (appeal Allowed)

Legal Issues

  1. 1 Whether appellants are credible on central facts
  2. 2 Whether Safe Third Country rule applies
  3. 3 Whether delay in claiming protection undermines claim

Ratio Decidendi

The RAD concluded the appellants were credible on the central aspects of their claim, the documentary and medical evidence, together with country information, establish a serious possibility of persecution for refusing to force the daughter to undergo FGM, state protection is not reasonably available because the agent is linked to police and enforcement is inadequate, internal flight alternatives are not reasonable, and therefore the appellants meet the definition of Convention refugees; the RPD decision is set aside and replaced under IRPA s.111(1)(b).

Court Disposition

Appeal allowed; RAD sets aside the RPD determination and substitutes its own determination that the appellants are Convention refugees.

Orders

  • Appeal allowed
  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act the RAD sets aside the RPD determination and substitutes a finding that the appellants are Convention refugees