MC0-02958

MC0-02958

The RAD found that the RPD erred in rejecting the appellants' testimony solely because it conflicted with generalized objective evidence, admitted new expert evidence corroborating the principal appellant's account, concluded the Nigerian appellants (principal and her daughters) are credible and face a well-founded fear of persecution by reason of membership in the particular social group 'women at risk of FGM/C', and substituted the RPD's determination to grant refugee status to the Nigerian appellants while dismissing the appeal for the United States citizen child.

Citation
MC0-02958
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant (united States Citizen): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons and Decision (disposition on Appeal)
Outcome
Appeal allowed in part; substituted determination that the Nigerian appellants (principal appellant and her Nigerian daughters) are Convention refugees; appeal dismissed for the United States citizen child who is not a Convention refugee or person in need of protection.
Legal Topics
Female Genital Mutilation/cutting (fgm/c), Credibility Assessment, State Protection, Particular Social Group, Family Unity, Internal Flight Alternative, Admissibility of New Evidence, Psychological/medical Corroboration
Source Language
English
Immigration Law Refugee Law Human Rights Law Female Genital Mutilation/cutting (fgm/c) Credibility Assessment State Protection Particular Social Group Family Unity +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Minor Appellant (united States Citizen)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons and Decision (disposition on Appeal)

Legal Issues

  1. 1 Whether the appellants are Convention refugees based on a well-founded fear of FGM/C
  2. 2 Whether the Refugee Protection Division properly assessed credibility against objective documentary evidence
  3. 3 Whether new evidence should be admitted

Ratio Decidendi

The RAD found that the RPD erred in rejecting the appellants' testimony solely because it conflicted with generalized objective evidence, admitted new expert evidence corroborating the principal appellant's account, concluded the Nigerian appellants (principal and her daughters) are credible and face a well-founded fear of persecution by reason of membership in the particular social group 'women at risk of FGM/C', and substituted the RPD's determination to grant refugee status to the Nigerian appellants while dismissing the appeal for the United States citizen child.

Court Disposition

Appeal allowed in part; substituted determination that the Nigerian appellants (principal appellant and her Nigerian daughters) are Convention refugees; appeal dismissed for the United States citizen child who is not a Convention refugee or person in need of protection.

Orders

  • New evidence from psychotherapist XXXX admitted to the record
  • Request for an oral RAD hearing dismissed