MB9-27232

MB9-27232

The RPD erred in its IFA analysis; the Appellant credibly established she lived in Port Harcourt and that her father's kinsmen located her there and in other cities, demonstrating they have the means and motivation to find her; state protection in Nigeria is inadequate for women facing forced FGM; therefore there is no viable IFA or adequate state protection and the Appellant is a Convention refugee as a woman fleeing forced FGM under s.96 IRPA.

Citation
MB9-27232
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Designated Representative: Designated Representative; Respondent: Minister / Government
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 March 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons and Decision)
Outcome
Appeal allowed; substituted decision that the Appellant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act as a woman fleeing forced FGM in Nigeria
Legal Topics
Internal Flight Alternative, State Protection, Female Genital Mutilation (fgm), Credibility, Particular Social Group, Convention Refugee Status
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Persecution Internal Flight Alternative State Protection Female Genital Mutilation (fgm) Credibility +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Designated Representative

Designated Representative

Minister / Government

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the proposed internal flight alternatives (Lagos, Ibadan, Port Harcourt) were viable
  2. 2 Whether adequate state protection was available in Nigeria
  3. 3 Whether the Appellant was credible

Ratio Decidendi

The RPD erred in its IFA analysis; the Appellant credibly established she lived in Port Harcourt and that her father's kinsmen located her there and in other cities, demonstrating they have the means and motivation to find her; state protection in Nigeria is inadequate for women facing forced FGM; therefore there is no viable IFA or adequate state protection and the Appellant is a Convention refugee as a woman fleeing forced FGM under s.96 IRPA.

Court Disposition

Appeal allowed; substituted decision that the Appellant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act as a woman fleeing forced FGM in Nigeria

Orders

  • Appeal allowed and decision substituted granting Convention refugee status under s.96 IRPA
  • Findings that no viable internal flight alternative exists in Lagos, Ibadan, or Port Harcourt