MC0-08372

MC0-08372

The appeals of the Nigerian Principal Appellant and her two eldest children are allowed and remitted for redetermination because the RPD failed to properly assess the independent police report and did not adequately probe or explain its treatment of that evidence, such that the record cannot sustain the RPD's adverse credibility finding; the US Associate Appellant's appeal is dismissed because no risk in the United States was established and that finding was not challenged.

Citation
MC0-08372
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; US Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 January 2021
Procedural Posture
Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Split decision: appeals of two Nigerian appellants allowed and remitted to the RPD for redetermination by a differently constituted panel; appeal of US appellant dismissed.
Legal Topics
Female Genital Mutilation, Credibility Findings, Supporting Documents Assessment, Redetermination, Section 97 Risk, Family Unity and Convention Refugee Definition
Source Language
English
Immigration Refugee Law Administrative Law Female Genital Mutilation Credibility Findings Supporting Documents Assessment Redetermination Section 97 Risk +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

US Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether RPD erred in credibility findings
  2. 2 Whether RPD failed to properly assess supporting documents (police report)
  3. 3 Whether Principal Appellant had subjective fear due to failure to seek protection in US

Ratio Decidendi

The appeals of the Nigerian Principal Appellant and her two eldest children are allowed and remitted for redetermination because the RPD failed to properly assess the independent police report and did not adequately probe or explain its treatment of that evidence, such that the record cannot sustain the RPD's adverse credibility finding; the US Associate Appellant's appeal is dismissed because no risk in the United States was established and that finding was not challenged.

Court Disposition

Split decision: appeals of two Nigerian appellants allowed and remitted to the RPD for redetermination by a differently constituted panel; appeal of US appellant dismissed.

Orders

  • Allow appeals of the Principal Appellant and two Associate Appellants and remit to the Refugee Protection Division for redetermination by a differently constituted panel
  • Dismiss the appeal of the US Associate Appellant