TA9-03406

TA9-03406

The adult claimant's claim was rejected because the Tribunal found, on the balance of probabilities, a viable internal flight alternative exists (Lagos, Abuja, Ibadan) and the claimant's evidence that she would be located and tortured in those cities was speculative and not credible. The minor female claimant was accepted as a Convention refugee because credible evidence established a serious possibility of persecution by forced FGM, state protection was unavailable or ineffective, and IFA was not viable nationwide for a 14-year-old at risk. The minor male claimant's claim was rejected due to lack of evidence of a serious risk and availability of state protection in the United States.

Citation
TA9-03406
Parties
Claimant: XXXXXXX XXXXXX XXXXXX; Claimant (minor Female): XXXXXXXX XXXXXXX XXXXXX; Claimant (minor Male): XXXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 August 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons and Decision, August 8, 2011)
Outcome
Adult claimant (TA9-03406) claim rejected; minor female claimant (TB0-06455) claim accepted as Convention refugee; minor male claimant (TB0-06456) claim rejected.
Legal Topics
Internal Flight Alternative, Female Genital Mutilation, Particular Social Group, State Protection, Credibility, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Refugee Law Human Rights Internal Flight Alternative Female Genital Mutilation Particular Social Group State Protection Credibility +2 more

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Parties

XXXXXXX XXXXXX XXXXXX

Claimant

XXXXXXXX XXXXXXX XXXXXX

Claimant (minor Female)

XXXXX XXXXXX XXXXXX

Claimant (minor Male)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons and Decision, August 8, 2011)

Legal Issues

  1. 1 Whether a viable internal flight alternative exists for the adult claimant in Nigeria
  2. 2 Whether the minor female claimant faces a well-founded fear of persecution by reason of membership of a particular social group (young female at risk of FGM)
  3. 3 Whether state protection is available in Nigeria for the minor female claimant

Ratio Decidendi

The adult claimant's claim was rejected because the Tribunal found, on the balance of probabilities, a viable internal flight alternative exists (Lagos, Abuja, Ibadan) and the claimant's evidence that she would be located and tortured in those cities was speculative and not credible. The minor female claimant was accepted as a Convention refugee because credible evidence established a serious possibility of persecution by forced FGM, state protection was unavailable or ineffective, and IFA was not viable nationwide for a 14-year-old at risk. The minor male claimant's claim was rejected due to lack of evidence of a serious risk and availability of state protection in the United States.

Court Disposition

Adult claimant (TA9-03406) claim rejected; minor female claimant (TB0-06455) claim accepted as Convention refugee; minor male claimant (TB0-06456) claim rejected.

Orders

  • Reject claim of XXXXXXXXX XXXXXX XXXXXX (TA9-03406) under ss.96 and 97(1) of IRPA.
  • Accept claim of XXXXXXXX XXXXXXX XXXXXX (TB0-06455) as a Convention refugee.