MA1-08227

MA1-08227

The panel found that forced arranged marriage of the claimant, combined with past FGM and credible evidence of the practice among the Issa and lack of state enforcement in Djibouti, establishes a well‑founded fear of persecution as a member of a particular social group; state protection was ineffective and no internal flight alternative existed, therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Citation
MA1-08227
Parties
Claimant: Ms. XXXXXXXXXXXXXXXXX; Respondent: Minister; Refugee Protection Officer: Anne-Renee Touchette
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 August 2002
Procedural Posture
Refugee Protection Claim / Decision of Refugee Protection Division After Hearing (hearing July 25, 2002; Decision August 19, 2002)
Outcome
Claimant recognized as a Convention refugee
Legal Topics
Forced Marriage, Female Genital Mutilation, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Human Rights Law Forced Marriage Female Genital Mutilation Membership of a Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

Ms. XXXXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Anne-Renee Touchette

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Decision of Refugee Protection Division After Hearing (hearing July 25, 2002; Decision August 19, 2002)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether forced arranged marriage places claimant in a particular social group and amounts to persecution
  3. 3 Whether past excision (FGM) and threat of forced marriage constitute risk of cruel or unusual treatment

Ratio Decidendi

The panel found that forced arranged marriage of the claimant, combined with past FGM and credible evidence of the practice among the Issa and lack of state enforcement in Djibouti, establishes a well‑founded fear of persecution as a member of a particular social group; state protection was ineffective and no internal flight alternative existed, therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claimant recognized as a Convention refugee

Orders

  • Refugee protection granted; Ms. XXXXXXXXXXXXXXXXX determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act