MB9-11483

MB9-11483

The RAD accepted appellants' credible evidence that agents of persecution actively pursued them across multiple Nigerian cities, found no viable IFA in Benin City or Abuja, found state protection inadequate for FGM victims, and therefore concluded appellants meet the definition of Convention refugees under s.96 IRPA and substituted the RPD decision accordingly.

Citation
MB9-11483
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 December 2019
Procedural Posture
Refugee Appeal (rad Review of Rpd) / Reasons and Decision (appeal Allowed)
Outcome
Appeal allowed; RPD determination set aside and substituted: appellants are Convention refugees under section 96 IRPA.
Legal Topics
Internal Flight Alternative (ifa), Female Genital Mutilation (fgm), State Protection, Credibility Assessment, Substitution of Decision by RAD
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative (ifa) Female Genital Mutilation (fgm) State Protection Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of Rpd) / Reasons and Decision (appeal Allowed)

Legal Issues

  1. 1 Whether an internal flight alternative exists
  2. 2 Whether adequate state protection is available in Nigeria
  3. 3 Whether appellants meet definition of Convention refugee under s.96 IRPA

Ratio Decidendi

The RAD accepted appellants' credible evidence that agents of persecution actively pursued them across multiple Nigerian cities, found no viable IFA in Benin City or Abuja, found state protection inadequate for FGM victims, and therefore concluded appellants meet the definition of Convention refugees under s.96 IRPA and substituted the RPD decision accordingly.

Court Disposition

Appeal allowed; RPD determination set aside and substituted: appellants are Convention refugees under section 96 IRPA.

Orders

  • Pursuant to paragraph 111(1)(b) IRPA the RPD determination dated May 8, 2019 is set aside and substituted with a decision that the Principal Appellant, the Associate Appellant and the Minor Appellant are Convention refugees under section 96 of the IRPA
  • Appeal allowed and protection granted effective as of December 23, 2019