MB9-03474

MB9-03474

The RAD accepted the new affidavit evidence demonstrating that the agents of persecution retained the means and motivation to locate and harm the Appellants in the proposed IFA cities, concluding Port Harcourt and Abuja are not viable IFAs; combined with the established nexus (female children at risk of FGM/C and parents opposing it) and lack of operational state protection in Nigeria, the Appellants' refugee claims are well founded and the appeal is allowed with a substituted decision granting Convention refugee status.

Citation
MB9-03474
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 March 2020
Procedural Posture
Refugee Appeal to the Refugee Appeal Division (rad) / RAD Hearing and Substituted Decision
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Internal Flight Alternative (ifa), Female Genital Mutilation/cutting (fgm/c), Admissibility of New Evidence, State Protection, Particular Social Group, Credibility Assessment
Source Language
English
Immigration Law Refugee Protection Administrative Law Human Rights Gender‑based Persecution Internal Flight Alternative (ifa) Female Genital Mutilation/cutting (fgm/c) Admissibility of New Evidence +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division (rad) / RAD Hearing and Substituted Decision

Legal Issues

  1. 1 Whether Port Harcourt and Abuja are viable Internal Flight Alternatives
  2. 2 Admissibility of new evidence under IRPA ss.110(4) and 110(6)
  3. 3 Whether Appellants have nexus to a Convention ground (particular social group)

Ratio Decidendi

The RAD accepted the new affidavit evidence demonstrating that the agents of persecution retained the means and motivation to locate and harm the Appellants in the proposed IFA cities, concluding Port Harcourt and Abuja are not viable IFAs; combined with the established nexus (female children at risk of FGM/C and parents opposing it) and lack of operational state protection in Nigeria, the Appellants' refugee claims are well founded and the appeal is allowed with a substituted decision granting Convention refugee status.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Admit into evidence the Principal Appellant's brother O.O.'s affidavit (new evidence)
  • Admit into evidence the medical letter (new evidence)