TC0-05140

TC0-05140

On independent review and having regard to updated country documentation and the appellants' circumstances (single mother, no family support, limited employment prospects, vulnerability to sexual exploitation, risk of FGM for the daughter and forcible conversion of the son, and inadequate state protection), relocation to proposed IFAs is objectively unreasonable; accordingly the RPD determination is set aside and appellants are Convention refugees.

Citation
TC0-05140
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant (male): XXXX XXXX XXXX; Minor Appellant (female): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision on Appeal (substitution of RPD Determination)
Outcome
Appeal allowed; RPD determination set aside; RAD substitutes its own determination that the appellants are Convention refugees.
Legal Topics
Internal Flight Alternative (ifa), Convention Refugee Status, Gender Related Persecution, Female Genital Mutilation (fgm), State Protection, Credibility and Presumption of Truthfulness
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative (ifa) Convention Refugee Status Gender Related Persecution Female Genital Mutilation (fgm) +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant (male)

XXXX XXXX XXXX XXXX

Minor Appellant (female)

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision on Appeal (substitution of RPD Determination)

Legal Issues

  1. 1 Existence of a viable internal flight alternative (IFA)
  2. 2 Objective reasonableness of relocation
  3. 3 Credibility and presumption of truthfulness

Ratio Decidendi

On independent review and having regard to updated country documentation and the appellants' circumstances (single mother, no family support, limited employment prospects, vulnerability to sexual exploitation, risk of FGM for the daughter and forcible conversion of the son, and inadequate state protection), relocation to proposed IFAs is objectively unreasonable; accordingly the RPD determination is set aside and appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD determination set aside; RAD substitutes its own determination that the appellants are Convention refugees.

Orders

  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act, the determination of the Refugee Protection Division is set aside and substituted: the appellants are Convention refugees.