MA2-04725

MA2-04725

Claimant established identity and presented generally credible testimony; documentary evidence confirmed that FGM is practised in parts of Uganda and, given family threats, lack of safe long‑term shelter and insufficient state protection or viable internal flight, claimant faces a reasonable risk of persecution by her family and therefore meets the s.96 IRPA definition of a Convention refugee.

Citation
MA2-04725
Parties
Claimant: XXXXXXXXXXXXX; Refugee Protection Officer: Marie-Claude Paquette; Decision Maker: Barbara Berger
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 January 2003
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision After Merits Hearing
Outcome
Claim allowed; claimant recognized as a Convention refugee
Legal Topics
Female Genital Mutilation (fgm), Membership of a Particular Social Group, Credibility Assessment, Internal Flight Alternative, State Protection
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Persecution Female Genital Mutilation (fgm) Membership of a Particular Social Group Credibility Assessment Internal Flight Alternative +1 more

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Parties

XXXXXXXXXXXXX

Claimant

Marie-Claude Paquette

Refugee Protection Officer

Barbara Berger

Decision Maker

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision After Merits Hearing

Legal Issues

  1. 1 Whether forced FGM by family members constitutes persecution
  2. 2 Whether claimant belongs to a particular social group (women at risk of FGM)
  3. 3 Whether state protection or internal flight alternative is available

Ratio Decidendi

Claimant established identity and presented generally credible testimony; documentary evidence confirmed that FGM is practised in parts of Uganda and, given family threats, lack of safe long‑term shelter and insufficient state protection or viable internal flight, claimant faces a reasonable risk of persecution by her family and therefore meets the s.96 IRPA definition of a Convention refugee.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee

Orders

  • Claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act