MB8-27572

MB8-27572

RAD concluded RPD erred on identity and several credibility findings; DNA evidence and credible explanations for document discrepancies established identity of two daughters and, accepting the claimant's account, the daughters face a serious possibility of persecution (FGM) with inadequate state protection or internal flight alternative; therefore RAD set aside RPD on those two claims and found them Convention refugees but confirmed RPD's decision for the mother and remaining children as neither Convention refugees nor persons in need of protection.

Citation
MB8-27572
Parties
Appellant Mother: XXXX XXXX XXXX; Appellant Minor Child: XXXX XXXX XXXX XXXX; Appellant Minor Child: XXXX XXXX XXXX XXXX XXXX; Appellant Minor Child: XXXX XXXX XXXX; Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 October 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision (reasons and Disposition)
Outcome
Appeal allowed in part: two minor appellants found to be Convention refugees; other appellants confirmed as neither Convention refugees nor persons in need of protection.
Legal Topics
Identity Verification, Credibility Assessment, State Protection, Internal Flight Alternative, Female Genital Mutilation (fgm), Standard of Review, IRPA S.111 Determinations
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Based Persecution Identity Verification Credibility Assessment State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX

Appellant Mother

XXXX XXXX XXXX XXXX

Appellant Minor Child

XXXX XXXX XXXX XXXX XXXX

Appellant Minor Child

XXXX XXXX XXXX

Appellant Minor Child

Minister of Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision (reasons and Disposition)

Legal Issues

  1. 1 Whether appellants established identity on balance of probabilities
  2. 2 Whether claimant's credibility could be rejected and on what basis
  3. 3 Whether daughters face a serious possibility of persecution (FGM)

Ratio Decidendi

RAD concluded RPD erred on identity and several credibility findings; DNA evidence and credible explanations for document discrepancies established identity of two daughters and, accepting the claimant's account, the daughters face a serious possibility of persecution (FGM) with inadequate state protection or internal flight alternative; therefore RAD set aside RPD on those two claims and found them Convention refugees but confirmed RPD's decision for the mother and remaining children as neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal allowed in part: two minor appellants found to be Convention refugees; other appellants confirmed as neither Convention refugees nor persons in need of protection.

Orders

  • Pursuant to IRPA s.111(1)(b) set aside RPD determinations regarding two minor appellants and substitute determination that those two are Convention refugees.
  • Pursuant to IRPA s.111(1)(a) confirm RPD decision that the mother and the remaining appellants are neither Convention refugees nor persons in need of protection.