TC0-09632

TC0-09632

On the balance of probabilities the appellants established a serious possibility of gender-based persecution (risk of FGM/C) supported by credible testimony and corroborative evidence; state protection in Nigeria is not operationally adequate and identified internal flight alternatives are unreasonable for these appellants; accordingly the RPD's conclusion was in error and the RAD substitutes a decision that the appellants are Convention refugees.

Citation
TC0-09632
Parties
Principal Appellant/designated Representative: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Protection Appeal (rad) / Final Decision on Appeal; Substituted Decision Issued
Outcome
Appeal allowed; decision of the RPD set aside and substituted: appellants are Convention refugees.
Legal Topics
Female Genital Mutilation (fgm/c), Gender Based Persecution, Particular Social Group, State Protection, Internal Flight Alternative, Child Refugee Claimants, Application of Gender Guideline
Source Language
English
Immigration Law Refugee Law Human Rights Law Family Law Administrative Law Female Genital Mutilation (fgm/c) Gender Based Persecution Particular Social Group +4 more

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Parties

XXXX XXXX XXXX

Principal Appellant/designated Representative

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad) / Final Decision on Appeal; Substituted Decision Issued

Legal Issues

  1. 1 Whether the RPD erred in finding no objective risk of FGM/C in Lagos despite documentary evidence
  2. 2 Whether state protection in Nigeria is operationally adequate for appellants
  3. 3 Whether an internal flight alternative is reasonable and accessible to the appellants

Ratio Decidendi

On the balance of probabilities the appellants established a serious possibility of gender-based persecution (risk of FGM/C) supported by credible testimony and corroborative evidence; state protection in Nigeria is not operationally adequate and identified internal flight alternatives are unreasonable for these appellants; accordingly the RPD's conclusion was in error and the RAD substitutes a decision that the appellants are Convention refugees.

Court Disposition

Appeal allowed; decision of the RPD set aside and substituted: appellants are Convention refugees.

Orders

  • Decision of the Refugee Protection Division is set aside.
  • Substituted decision: the Appellants are Convention refugees and their claims are allowed.