TC0-08734

TC0-08734

The RPD erred by finding Port Harcourt a reasonable internal flight alternative; given the Principal Appellant's status as a raped, divorced single mother, non-indigene and lacking family support, relocation to Port Harcourt would be unduly harsh and not realistic, and she therefore qualifies as a Convention refugee; the Minor Appellant's appeal is dismissed for lack of allegations of risk in the United States.

Citation
TC0-08734
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 March 2021
Procedural Posture
Refugee Appeal (convention Refugee Determination) / Appeal to Refugee Appeal Division — Reasons and Decision Issued
Outcome
Split decision: appeal of Principal Appellant allowed and substituted; appeal of Minor Appellant dismissed and RPD decision confirmed.
Legal Topics
Internal Flight Alternative, Convention Refugee, Gender Based Violence, State Protection, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Gender Based Violence State Protection Credibility Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (convention Refugee Determination) / Appeal to Refugee Appeal Division — Reasons and Decision Issued

Legal Issues

  1. 1 Whether Port Harcourt is a reasonable internal flight alternative for the Principal Appellant
  2. 2 Whether the Principal Appellant qualifies as a Convention refugee based on membership in a particular social group (women victims of gender-based violence)
  3. 3 Whether the Minor Appellant faces a risk in the United States

Ratio Decidendi

The RPD erred by finding Port Harcourt a reasonable internal flight alternative; given the Principal Appellant's status as a raped, divorced single mother, non-indigene and lacking family support, relocation to Port Harcourt would be unduly harsh and not realistic, and she therefore qualifies as a Convention refugee; the Minor Appellant's appeal is dismissed for lack of allegations of risk in the United States.

Court Disposition

Split decision: appeal of Principal Appellant allowed and substituted; appeal of Minor Appellant dismissed and RPD decision confirmed.

Orders

  • Pursuant to paragraph 111(1)(b) IRPA, set aside the RPD determination and substitute a finding that the Principal Appellant is a Convention refugee.
  • Pursuant to paragraph 111(1)(a) IRPA, confirm the RPD determination that the Minor Appellant is neither a Convention refugee nor a person in need of protection.