VB7-04352

VB7-04352

The RAD admitted credible and relevant new evidence (wanted notice, land seizure decree, ownership certificate, medical and affidavit evidence on FGM and COVID-19 materials), found the principal appellant sufficiently credible on key points of political involvement and being sought by authorities despite some exaggerations, concluded no effective state protection or IFA exists, found the female minor at serious risk of FGM, and therefore set aside the RPD decision and substituted its own finding that the appellants are Convention refugees and persons in need of protection.

Citation
VB7-04352
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX; Male Minor Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Male Minor Associate Appellant: XXXX XXXX XXXX; Female Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2021
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision After Federal Court Remittal; Appeal Allowed and RPD Determination Substituted
Outcome
Appeal allowed; RPD determination set aside and substituted: appellants found to be Convention refugees and persons in need of protection
Legal Topics
Convention Refugee Determination, Credibility Assessment, Admission of New Evidence (s.110(4) Irpa), Oral Hearing (s.110(6) Irpa), State Protection and Internal Flight Alternative, Female Genital Mutilation (fgm) Risk, Substitution of Decision (s.111(1)(b) IRPA
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Violence Law Convention Refugee Determination Credibility Assessment Admission of New Evidence (s.110(4) Irpa) Oral Hearing (s.110(6) Irpa) +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX XXXX XXXX

Male Minor Associate Appellant

XXXX XXXX XXXX

Male Minor Associate Appellant

XXXX XXXX XXXX

Female Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision After Federal Court Remittal; Appeal Allowed and RPD Determination Substituted

Legal Issues

  1. 1 Whether new evidence met s.110(4) IRPA and was admissible
  2. 2 Whether principal appellant was credible and politically active
  3. 3 Whether appellants face a risk of persecution on return including FGM risk to minor

Ratio Decidendi

The RAD admitted credible and relevant new evidence (wanted notice, land seizure decree, ownership certificate, medical and affidavit evidence on FGM and COVID-19 materials), found the principal appellant sufficiently credible on key points of political involvement and being sought by authorities despite some exaggerations, concluded no effective state protection or IFA exists, found the female minor at serious risk of FGM, and therefore set aside the RPD decision and substituted its own finding that the appellants are Convention refugees and persons in need of protection.

Court Disposition

Appeal allowed; RPD determination set aside and substituted: appellants found to be Convention refugees and persons in need of protection

Orders

  • Set aside the Refugee Protection Division's determination and substitute RAD determination that the appellants are Convention refugees and persons in need of protection