TB7-23486

TB7-23486

Although some of the RPD's credibility reasoning contained errors, the RAD on independent review found the Appellants could safely relocate to Abuja where, given the united parental opposition to FGM and absence of credible evidence of effective targeting there, there is no serious possibility of persecution and relocation would not be unreasonable; therefore appeal dismissed and RPD decision confirmed.

Citation
TB7-23486
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: Unknown Associate Appellant; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2018
Procedural Posture
Refugee Protection Appeal / RAD Decision on Appeal From RPD
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, State Protection, Credibility Findings, Female Genital Mutilation (fgm), Section 97 IRPA, Natural Justice (adequacy of Reasons)
Source Language
English
Immigration Law Refugee Law Human Rights Gender Based Persecution Internal Flight Alternative State Protection Credibility Findings Female Genital Mutilation (fgm) +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Unknown Associate Appellant

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / RAD Decision on Appeal From RPD

Legal Issues

  1. 1 Whether RPD erred in credibility findings
  2. 2 Whether state protection was available
  3. 3 Whether there was a viable internal flight alternative (Abuja)

Ratio Decidendi

Although some of the RPD's credibility reasoning contained errors, the RAD on independent review found the Appellants could safely relocate to Abuja where, given the united parental opposition to FGM and absence of credible evidence of effective targeting there, there is no serious possibility of persecution and relocation would not be unreasonable; therefore appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed
  • Appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the IRPA