TB9-25110

TB9-25110

The RAD accepted the Appellants' credibility on core issues, found that there is a serious possibility of persecution beyond Benin City including Abuja, Port Harcourt and Calabar and that relocation to those cities would be unreasonable because the cumulative economic, cultural and indigeneship barriers amount to undue hardship; therefore no viable internal flight alternative exists and the Appellants qualify as Convention refugees.

Citation
TB9-25110
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 October 2020
Procedural Posture
Refugee Appeal / Decision on Appeal (rad)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Female Genital Mutilation, Internal Flight Alternative, Credibility Assessment, Convention Refugee Determination, Undue Hardship, Indigeneship
Source Language
English
Immigration Refugee Law Human Rights Gender Based Persecution Female Genital Mutilation Internal Flight Alternative Credibility Assessment Convention Refugee Determination +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether an internal flight alternative exists in Abuja, Port Harcourt or Calabar
  3. 3 Whether the Appellants are credible

Ratio Decidendi

The RAD accepted the Appellants' credibility on core issues, found that there is a serious possibility of persecution beyond Benin City including Abuja, Port Harcourt and Calabar and that relocation to those cities would be unreasonable because the cumulative economic, cultural and indigeneship barriers amount to undue hardship; therefore no viable internal flight alternative exists and the Appellants qualify as Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed
  • Substituted decision that the Appellants are Convention refugees