TB2-12790

TB2-12790

On the balance of probabilities the panel found an internal flight alternative in Abuja (and alternatively Port Harcourt) was available and viable for the claimant given distance from the persecutor, anonymity and mixed population of Abuja, applicable national FGM prohibition in the federal capital, and claimant's education and family support; therefore there is less than a mere possibility of persecution in the IFAs and the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB2-12790
Parties
Claimants: XXXX XXXX et al; Respondent: Minister (Immigration and Refugee Board)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 December 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Negative Decision With Written Reasons Issued
Outcome
Claims denied; claimants are not Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Persecution, Credibility Assessment, State Protection
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Internal Flight Alternative Female Genital Mutilation (fgm) Persecution Credibility Assessment +1 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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX et al

Claimants

Minister (Immigration and Refugee Board)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Oral Negative Decision With Written Reasons Issued

Legal Issues

  1. 1 Whether claimant faces persecution for refusing FGM and being accused of witchcraft
  2. 2 Whether an internal flight alternative (IFA) to Abuja or Port Harcourt is available and viable
  3. 3 Whether claimant is a Convention refugee or a person in need of protection under ss.96-97 IRPA

Ratio Decidendi

On the balance of probabilities the panel found an internal flight alternative in Abuja (and alternatively Port Harcourt) was available and viable for the claimant given distance from the persecutor, anonymity and mixed population of Abuja, applicable national FGM prohibition in the federal capital, and claimant's education and family support; therefore there is less than a mere possibility of persecution in the IFAs and the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claims denied; claimants are not Convention refugees nor persons in need of protection

Orders

  • Refugee protection claims of the mother and her four dependent children dismissed
  • Oral negative decision confirmed and written reasons issued