VB9-07812

VB9-07812

The RAD accepted the principal Appellant's sworn account as credible on the forced marriage and threats by A.I., found objective country evidence demonstrates widespread gender-based violence and ineffective state protection and that A.I. could locate her nationwide, and therefore substituted a decision that the principal Appellant is a Convention refugee as a woman targeted for forced marriage; the minor's appeal was dismissed as she faces no risk in the U.S.

Citation
VB9-07812
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 March 2020
Procedural Posture
Refugee Appeal / Decision on Appeal (rad)
Outcome
Appeal allowed in part: principal appellant allowed and minor appellant dismissed
Legal Topics
Forced Marriage, Gender Based Violence, Persecution, Credibility Assessment, Internal Flight Alternative, State Protection
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Forced Marriage Gender Based Violence Persecution Credibility Assessment +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the principal Appellant was credible regarding threats and forced marriage attempts by A.I.
  2. 2 Whether the principal Appellant established Kurdish Alevi identity and whether that was material
  3. 3 Whether A.I. has power and influence to locate and harm the Appellant

Ratio Decidendi

The RAD accepted the principal Appellant's sworn account as credible on the forced marriage and threats by A.I., found objective country evidence demonstrates widespread gender-based violence and ineffective state protection and that A.I. could locate her nationwide, and therefore substituted a decision that the principal Appellant is a Convention refugee as a woman targeted for forced marriage; the minor's appeal was dismissed as she faces no risk in the U.S.

Court Disposition

Appeal allowed in part: principal appellant allowed and minor appellant dismissed

Orders

  • Allow the appeal of the principal appellant and substitute a decision that she is a Convention refugee on the basis of membership in a particular social group (woman targeted for forced marriage).
  • Dismiss the appeal of the minor appellant and confirm the RPD decision that she is neither a Convention refugee nor a person in need of protection.