MB7-25642

MB7-25642

The RAD set aside the RPD decision and substituted a determination that the appellants are Convention refugees because the RPD erred in its credibility assessment and IFA analysis; admissible new evidence and the record show a real risk of FGM and that the appellants could be located in Bobo‑Dioulasso, so no reasonable internal flight alternative existed.

Citation
MB7-25642
Parties
Appellants: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2019
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal (reasons and Substitution)
Outcome
Appeal allowed; RPD decision set aside and substituted: appellants are Convention refugees
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Credibility Assessment, Admissibility of New Evidence, Standard of Review, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Gender‑based Violence Human Rights Internal Flight Alternative Female Genital Mutilation (fgm) Credibility Assessment Admissibility of New Evidence +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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX

Appellants

Minister (Immigration)

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal (reasons and Substitution)

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) in Bobo‑Dioulasso was viable
  2. 2 Whether appellants faced a real risk of female genital mutilation on return
  3. 3 Whether the RPD erred in assessing credibility

Ratio Decidendi

The RAD set aside the RPD decision and substituted a determination that the appellants are Convention refugees because the RPD erred in its credibility assessment and IFA analysis; admissible new evidence and the record show a real risk of FGM and that the appellants could be located in Bobo‑Dioulasso, so no reasonable internal flight alternative existed.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellants are Convention refugees

Orders

  • Set aside Refugee Protection Division decision pursuant to s.111(1)(b) IRPA
  • Substitute RAD determination that the appellants are Convention refugees