TB9-04233

TB9-04233

On a correctness review the RAD confirmed the RPD: appellants failed on credibility and evidentiary grounds, the post-decision text messages are unverified and insufficient to prove the husband now supports FGM, objective documentation shows parents can refuse FGM in Nigeria and consequences alleged do not rise to persecution, and a viable internal flight alternative exists in Port Harcourt; therefore appellants do not meet the threshold for Convention refugee or person in need of protection.

Citation
TB9-04233
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2019
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Female Genital Mutilation, Credibility Assessment, Internal Flight Alternative, New Evidence Admissibility, Standard of Review
Source Language
English
Immigration Refugee Law Human Rights Gender Based Persecution Female Genital Mutilation Credibility Assessment Internal Flight Alternative New Evidence Admissibility +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (minor)

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the appellants have a well-founded fear of persecution due to in-laws seeking to force FGM on a child
  2. 2 Whether new evidence post-dating the RPD decision should be admitted and its probative value
  3. 3 Whether an internal flight alternative (Port Harcourt) is reasonable and viable

Ratio Decidendi

On a correctness review the RAD confirmed the RPD: appellants failed on credibility and evidentiary grounds, the post-decision text messages are unverified and insufficient to prove the husband now supports FGM, objective documentation shows parents can refuse FGM in Nigeria and consequences alleged do not rise to persecution, and a viable internal flight alternative exists in Port Harcourt; therefore appellants do not meet the threshold for Convention refugee or person in need of protection.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act