VC0-01470

VC0-01470

On the evidence including accepted new documents and an Abuja police extract plus corroborating national documentation showing the VAPP has not been operationally effective, the presumption of state protection was rebutted, no viable internal flight alternative existed, and appellants face a serious possibility of persecution; accordingly the RAD substituted the RPD decision and found the appellants are Convention refugees.

Citation
VC0-01470
Parties
Principal Appellant: REDACTED; Associate Appellant: REDACTED; Minor Male Appellants: REDACTED; Minor Female Appellant: REDACTED
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 February 2021
Procedural Posture
Refugee Appeal (rad) / Final Decision on Appeal (substitution)
Outcome
Appeal allowed; substituted decision that appellants are Convention refugees
Legal Topics
Female Genital Mutilation (fgm), State Protection, New Evidence Admissibility, Convention Refugee Determination, Internal Flight Alternative, Procedural Fairness for Minors
Source Language
English
Immigration Law Refugee Law Human Rights Law Female Genital Mutilation (fgm) State Protection New Evidence Admissibility Convention Refugee Determination Internal Flight Alternative +1 more

Case Brief

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Parties

REDACTED

Principal Appellant

REDACTED

Associate Appellant

REDACTED

Minor Male Appellants

REDACTED

Minor Female Appellant

Procedural Posture

Refugee Appeal (rad) / Final Decision on Appeal (substitution)

Legal Issues

  1. 1 Whether new evidence meets s.110(4) IRPA and Singh/Raza factors
  2. 2 Whether appellants have a well‑founded fear of persecution based on clan FGM practices
  3. 3 Whether the presumption of state protection in Abuja was rebutted and whether protection is operationally effective

Ratio Decidendi

On the evidence including accepted new documents and an Abuja police extract plus corroborating national documentation showing the VAPP has not been operationally effective, the presumption of state protection was rebutted, no viable internal flight alternative existed, and appellants face a serious possibility of persecution; accordingly the RAD substituted the RPD decision and found the appellants are Convention refugees.

Court Disposition

Appeal allowed; substituted decision that appellants are Convention refugees

Orders

  • Appeal allowed
  • Substitute decision under s.111(1)(b) IRPA: appellants declared Convention refugees